Thursday, 9 August 2007

Restrictions in relying on DV to stay in Australia: Court

The Federal Court has recently highlighted the requirement under the Migration Regulations that for someone to seek to stay here on the basis of domestic violence, there must be statutory declarations from the relevant experts "stating" that in their opinion that the person has suffered domestic violence. Anything less than "stating" is not enough.

It is not sufficient for the competent person to state that the victim’s presentation is consistent with the claim of domestic violence.... Nor is it sufficient to state that the alleged victim may have, or appears to have, suffered domestic violence..... Similarly it is not sufficient for the competent person merely to recite the possession of an opinion that the alleged victim has suffered domestic violence..... Ultimately the regulation requires that the competent person must state that in his or her opinion, "relevant domestic violence ... has been suffered". It must be apparent from the declaration that the competent person attributes the same meaning to "domestic violence" as reg 1.23(2)(b) although, in our view, it is not necessary for the declarant to refer to that definition.

See Minister for Immigration & Citizenship v Ejueyitsi.

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