Easing of Evidence Requirements: Temporary Protection Visa

The Federal government has announced changes to ‘non-judicial’ evidence requirements for temporary visa holders, who seek assistance as victim-survivors of family and domestic violence.

From 31 March 2023, a new instrument under the Migration Regulations 1994—Specification of evidentiary requirements—family violence will be in place that reduces the burden placed on victims of family and domestic violence seeking a visa.

The new measures include adding midwives to the list of medical professionals who can provide evidence; adding risk assessments and reports as types of evidence in lieu of statutory declarations; adding additional advocacy and crisis service providers who can provide evidence and removing the statutory declaration requirement for some healthcare professionals.  

The new instrument improves accessibility to the family violence provisions in the Migration Act by increasing flexibility around the evidence that applicants must provide in order to make a non-judicially determined claim of family violence.

Read more in this Explanatory Statement.

(Source: Victorian Family Law Pathways Network Bulletin, April 2023)