Australia's family violence provisions in migration law: A comparative study

Abstract

Australia provides legal pathways to permanent residency for migrant partners of Australian nationals that separate due to family violence, through the Family Violence Provisions. These provisions have been shown to be insufficient to address the issues of safety and fairness for migrant partners. The implementation of these provisions can also further harm the same population the provisions were created to protect. This article provides an examination of partner visa laws in Australia, their history and current limitations. It also compares the Australian approach to equivalent laws in Canada, the United States and New Zealand. The article argues that these countries have a similar migration history and similar legal frameworks offering legal alternatives that could improve and strengthen Australian law.