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NSW False Domestic Violence Claims - Chances of Ex Getting Permanent Residency?

Discussion in 'Family Law Forum' started by david25, 24 November 2015.

  1. david25

    david25 Member

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    Hi

    I recently got separated. My ex-wife is currently on temporary spouse visa and I have taken back my sponsorship for her. She is trying hard to go for false domestic violence charges (I was never involved in this and there are no police reports in this regard) against me to get Permanent Residency. I think (not sure) she should have 20 days left to provide information to the immigration to prove it. As per the letter I received from the immigration, she can apply for Permanent Residency on following grounds:

    1. Where the spouse has died and the relationship would have continued; or
    2. Where there is a child of the relationship and both the sponsor and the applicant share responsibilities of care and/or access to the child; or (we don't have kids)
    3. Where the applicant or a dependent has suffered family violence committed by the sponsor. (I was never involved in that also there are no police records or reports for that. In fact, she used to physically abuse me and I never reacted back)
    4. Intervention orders are one form of judicial evidence that visa applicants can provide because the alleged perpetrator of the family violence has been provided with an opportunity to be heard by the court.
    5. Alternatively, an applicant can provide non-judicial evidence.

    My question is, what are chances of her getting a Permanent Residency in the above scenario? Can she use non-judicial evidence? If yes, then how can she prove it when it never happened? I know that she is telling false stories to our common family friends and defaming me. I just want to know what could be done from her side so that I remain careful.

    Regards
     
  2. Therese

    Therese Well-Known Member

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    Hi David25,

    In my opinion based on the information you have provided, I would say that she has a very slim chance of being successful.

    According to the Australian Law Reform Commission (see https://www.alrc.gov.au/publication...laws—immigration-law/evidentiary-requirements) non-judicial claims of family violence were introduced to respond to migrant communities not having access to courts. They suggest that evidence of a non-judicial claim includes:
    • a joint undertaking made by the alleged victim and alleged perpetrator in relation to proceedings in which an allegation is before the court that the alleged perpetrator has committed an act of violence against the alleged victim;
    • a police record of assault along with two statutory declarations—one from the alleged victim, plus a statutory declaration made by a competent person;
    • three statutory declarations—a statutory declaration from the alleged victim, plus two statutory declarations by two differently qualified competent persons.
    Therefore, my understanding is that your ex-wife would be unlikely to demonstrate any of these three possibilities of evidence that would allow a non-judicial claim to be successful.

    You may wish to seek legal advice, especially if your ex-wife attempts to provide statutory declarations.
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    Ravi likes this.
  3. Ravi

    Ravi Member

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    Hi Therese,

    Thanks for your reply to David's question.

    My story is exactly the same as David's where my relationship broke down before my partner got PR. She accuse me of domestic assault and I have been to police station. Police recorded my side of story and allowed me to walk out after couple of hours.

    So I am not sure whether I am free of domestic assault charge yet but its been 1 and a half month since i have been to police station and I didn't need to go back to police. On top of this, my partner is still living at my property which I bought before we got married and doesn't want to leave.

    I am renting out and staying separately because I am afraid if go and stay with her she might make false allegation again to prove domestic assault to get PR.

    Immigration has given her a 28 days notice to tell them her side of story which will end in couple of days.

    My question is how long she has before Immigration can ask her to leave (I am not sure what she replied to Immigration because they won't tell me anything due to privacy law).

    Also, is there a way she can prove false allegations of domestic violence/assault?

    Thanks in advance.
     
  4. Sahu1987

    Sahu1987 Member

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    Hi Ravi

    How did you go with the immigration? Did your wife get the pr or did she leave Australia?

    Thanks




     
  5. Ravi

    Ravi Member

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    Hi Rahul,

    Thanks for asking.

    It's been 6 months since I withdrew her PR application and she is here still. On top of that, she has called her sister here as well. I have no idea how immigration would allow that but it's happened.

    I don't think she is leaving any time soon.

    Regards,
     
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