Migration Law: Kelvin's Abusive Relationship and Visa Options

This report addresses the case of Kelvin, who is seeking permanent residency in Australia due to an abusive relationship with his wife, Lisa, an Australian resident. Kelvin, initially on a temporary visa, experienced domestic violence, which led him to explore options for a permanent visa. The report outlines the legal requirements for proving domestic violence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and the Immigration Act of 1990. It discusses visa options for victims of domestic violence, including work visas and potential pathways to permanent residency, emphasizing the importance of evidence such as police reports, medical records, and witness testimonies. The report also highlights the potential for applying for protection orders and accessing support services. It references relevant legislation, including the Australian Citizenship Act 2007, the Family Violence Protection Act 2008, and details the factors considered for a resident visa. The conclusion emphasizes the vulnerability of immigrants in such situations and the available resources for victims of domestic violence, including legal protection and assistance from various agencies. The report is based on the Graduate Diploma in Migration Law LML6003 – AUSTRALIA’S VISA SYSTEM 1 (FAMILY AND OTHER VISAS) Assessment Task 1 – Semester 1, 2020.

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TO:
FROM:
RE: Kelvin abusive relations – Application for a Permanent residence
DATE: April 10, 2020
Issues Presented
Kelvin is in Relationship with Lisa . Kelvin Met Lisa during the wedding of His
brother .However , Kelvin and Lisa are not from the same country and as a Result , Kelvin is
using a temporary visa . After a period of Long-distance relation with Lisa , Kelvin decide to get
married . After a short period in the marriage Lisa turns abusive because she feels that Kelvin is
not doing enough for them to conceive. The relationship has become more abusive to the point
that Kevin feels the need to apply for a permanent residence visa in order to avoid the constant
abuse he experiencing .
Statement of Facts
It is important to note that if you have obtained a visa to work or through marriage , you
might be considering Australia as your second home indefinitely . However, to achieve that , you
need to follow the necessary procedure while applying for a permanent residency . Once you
have been granted with this there will be no restriction for your stay , and you will have access
to the necessary services under the Australian Jurisdiction. In addition to that you may then
consider apply for a full citizenship which does not necessitate you to denounce citizenship of
your birth country . Your circumstance qualify under the classifications of holding dual

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citizenship. However , you ought to note that your country of birth might require you to
surrender your rights as a citizen with the country’s jurisdiction .
Discussion
The legal requirement you need to prove to the immigration for domestic violence is
that you have suffered battery or extreme cruelty by Lisa , who is an Australian resident .
Notably there is no minimum period that such abuse you have suffered has continued , in order
for you to be eligible for approval under Crimes (Domestic and Personal Violence)Act 2007
(NSW). Since the abuse has occurred for a substantial period of time , it is easier for you to
prove that it qualifies as extreme cruelty 1. but a one-time incident might meet these
requirements . The fact that you were hit by a vase at one of the incidents , that qualifies as an
extreme cruelty under Domestic and Family Violence Act 2007.2 However , you concealed the
case during a doctor’s examination which could have provided tangible evidence for the
incidence .
Physical violence , sexual violence , mental abuse or emotional abuse among other
forms of abuse , classified as extreme cruelty would satisfy the abuse requirement for a Visa
application under the Immigration Act of 1990.3 Since the current Kevin’s visa depends on your
partner , and your relationship seem violent and abusive , there are visa options for you .
Reporting such abuse , however , doesn’t mean you won’t get a visa and stay in Australia . It is
important you note that Australia has established a number of visa categories for Migrants like
you who’ve been experience domestic violence . You qualify for these categories since your
immigration status entirely depends on an abusive partner who is already an Australian resident .
1 Crimes (Domestic and Personal Violence)Act 2007 (NSW).
2 See; Domestic and Family Violence Act 2007
3 See; The Immigration Act of 1990

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In compliance with Family Violence Protection Act 2008, you can be granted a Work visa for a
period of six months , and some serious instances you can be provides with a resident visa4 .
You qualify to get a visa under those special classifications as you resident is a resident of
Australia.
The following are the key factors that makes you considered for a resident visa :
 You are in a relationship with an Australian resident or citizen.
 You had plans of applying for residence in the grounds of this relationship.
 You intend to separate from your abusive partner due to domestic violence against you.
 You meet the necessary health criteria and character requirement for a permanent
residence in compliance with Australian Citizenship Act 2007.5
The evidence requirement for a resident visa are similar as for the work visa , except that
you will need to provide tangible evidence of the reasons intend not to return to your country
of birth. If you wish you can apply for a resident visa at the same time you are applying for a
work visa . You can also submit letters of evidence from persons who already had personal
knowledge of the relationship and can attest that abusive treatment occurred . Since Your
brother , Wilson might not attest , a letter from a therapist attesting to such mistreatments can be
very useful as well .
You are not required to submit physical abuse when submitting VAWA application .
You are qualified for such application due to extreme cruelty criteria 6.In addition , you don’t
need to report the abuse to the law enforcement or get involved in a criminal proceeding against
Lisa for the abuse to be considered eligible . However, cases of abuse are always treated
4 Family Violence Protection Act 2008 ('FVPA')
5 Australian Citizenship Act. 2007 (Cth) (the Act)
6 Australian Citizenship Act .2007

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differently and thus the variation might be dependent upon the kind of abuse you experienced
and what kind of resources were sought during such abusive cases . If you, at one point sought
assistance from a domestic violence shelter , any documentation proofing the same would be
very useful for the application . Lastly to classed as having permanent residency in Australia , it
is important you provide the current visa under the Immigration Act of 1990 . Since you visa
only allows you to stay for a specific period , you might be required to make a separate
application for permanent residency .
conclusion
With the facts of the cases , it is evident that Kevin has been going through extreme
cruelty in his marriage to Lisa . Immigrants Like Kelvin are very vulnerable because he has a
temporary visa and as a result , he has to operate under the laws of Australia. For such reasons
you might feel afraid to report such acts of domestic violence to the police or look for other
forms of help . Such fears might cause you to remain in an abusive relationship . Likewise , as a
victim of domestic violence you might apply to a court for further protection order . A court
issues protection order might tell you abuser to make any further contacts or hurt you . If Lisa
violates such a protection order , you are at liberty to call the police . Applications for the
protection orders are available at most courthouses , police stations , and legal service offices .
As earlier indicated, you can access further assistance from government or non-government
agencies , which might include counseling , interpreters , emergency housing or even
financial assistance .

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References
ACTS and LAWS
Australian Citizenship Act. 2007 (Cth) (the Act)
The Immigration Act of 1990
Crimes (Domestic and Personal Violence)Act 2007 (NSW).
Domestic and Family Violence Act 2007
Family Violence Protection Act 2008 ('FVPA')
Australian Citizenship Act .2007