Temporary Visa Holders and the Family Violence Provisions in Australia

Information Sheet

10 March 2025

By Dr Samantha O’Donnell, Research Fellow, CEVAW Workstream 3.2: Legal Responses

This information sheet provides an overview of the family violence provisions in the Migration Regulations 1994 (Cth). These provisions create a pathway for people on certain visas to apply for permanent residency in Australia, based on their experiences of family violence from a spouse or de facto partner, where that relationship has ended.

Permanent residency means the right to live in Australia permanently without needing to reapply for a visa. Having a temporary migration status can exacerbate and compound experiences of family violence. Permanent residency can offer more stability, security, and generally better access to
government-provided financial supports, education and employment compared to a temporary visa.

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Family Violence and Humanitarian Protection in Australia

Information Sheet

10 March 2025

By Dr Samantha O’Donnell, Research Fellow, CEVAW Workstream 3.2: Legal Responses

This information sheet outlines the legal landscape in relation to humanitarian protection and family violence. It considers how family violence intersects with Protection Visa (subclass 866) applications.

This visa allows the holder to stay permanently in Australia. It must be applied for within Australia (‘onshore’) and has restrictions based on how the applicant arrived in Australia. There are different refugee visas for applicants who are not currently in Australia (‘offshore’), including a Woman at Risk Visa, which are not considered in this fact sheet.

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