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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.
    See Get Connected with the Right Lawyer for You.
     

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