Domestic violence immigration fraud

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Partners on temporary visas are wrongly claiming domestic violence against sponsors as a way to gain permanent residency. When a relationship breaks down and a couple can no longer live together and there is no longer a genuine relationship a sponsor has to withdraw the sponsorship or advise DIBP the relationship is no longer genuine and on going. The easiest way a visa applicant can remain in Australia is to claim domestic violence. The most common route the applicant takes is to get an Apprehended Violence Order, AVO, against the sponsor. An AVO is easily obtained by accusing the sponsor of physical, emotional or verbal abuse. The police will take the word of the applicant, especially if the applicant is female, and the sponsor has to defend themselves against the police in court to fight the false accusations.

While I understand there are genuine domestic violence cases that should allow applicants to get permanent residency, the system in my opinion, and that of many others, is open to fraudulent domestic violence claims.

Currently the applicant must provide Judicial and or Non Judicial evidence.

I currently have an interim AVO taken out against me by the police gained by my ex on false allegations of domestic violence. No assault charge. No medical evidence. No allegations of verbal abuse. 

I have been advised the interim AVO would be sufficient for immigration to grant this permanent visa. The system is wrong. If there is a conviction of assault in a court fair enough but an AVO, no medical report or conviction should not allow applicants to claim domestic violence to obtain permanent residency.



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