Amendment to the Family Violence provisions in the Migration Regulations 1994

9 November 2009 Legislation Change

Client summary

From 9 November 2009, Division 1.5 of Part 1 of the Migration Regulations 1994 ('the Regulations') are amended to:

• make it clear that in order to be granted a visa on the basis of family violence, the family violence, or part of the family violence, must have occurred while the married or de facto relationship was in existence; and
• reduce the complexity of regulation 1.23.

Affected legislation

The following provisions are amended:

• regulations
  • 1.23 and 1.27
• subregulations
• 1.21(1), definition of non-judicially determined claim of family violence;
• 1.21(1), definition of relevant family violence;
• 1.24(1), 1.25(2) and 1.25(3)
• paragraph
• 1.26(c).

The following provisions have been omitted:

• subregulations 1.23(1A), (1B) and (1C).

The following provisions have been inserted:

• subregulations 1.23(3) –  (14).

Transitional provisions

These amendments apply in relation to an application for a visa made:

• before 9 November 2009 in circumstances where the application was not finally determined before 9 November 2009, and the applicant makes a claim of family violence (within the meaning of the Principal Regulations as amended by the Regulations) on or after 9 November 2009 but before the application is finally determined; or
• on or after 9 November 2009.

Forms

Nil.

Instructions

PAM3: PAM3 will be amended to reflect these changes by 1 January 2010.