On 16 May 2023, we posted an article exploring the prevalence and impact of family violence on people holding temporary visas.
If you missed that article, click here to read:
https://spfamilylawyers.com.au/resources/articles/family-violence-in-australia-today/
In this article we discuss a very recent Victorian case involving visa-related family violence.
A Victorian man has been charged with human trafficking and related offences. He is alleged to have tricked his then-wife into travelling overseas and then telling her he was divorcing her. He is alleged to have attempted to, or threatened to, block her return to Australia.
The wife was then stuck overseas for several months, before the matter came to the attention of the Australian Federal Police.
The man was the second ever Victorian to be charged with Exit Trafficking (the first exit trafficking charges were brought in March 2022 in similar circumstances).
Both cases are still before the Court and involve allegations of coercion, deception and threats to cause the exit of the victim from Australia.
The men in these cases do not have a right to ‘cancel’ another person’s visa, even if they are the visa sponsor. The person will usually be entitled to apply for a different visa type.
The alleged conduct in these cases not only give rise to possible human trafficking charges but also constitute family violence pursuant to Federal and State laws.
The Federal Circuit and Family Court of Australia takes family violence very seriously and has introduced a number of measures to help identify and appropriately deal with family violence. The Court is guided by the following principles:
- Safety is a right and a priority for everyone.
- Family violence affects everyone in a family.
- The Court is particularly concerned about the affects of family violence on children.
- Family violence can occur at any time, before during and after separation and may prevent a person’s ability to make choices about their family.
Our Team at Schetzer Papaleo Family Lawyers are experienced in dealing with family violence issues and we understand that the causes of family violence are complex. We regularly work with migration and other specialist lawyers to ensure the best outcome for our clients.
If you or someone known to you needs assistance in relation to family violence please contact us on 03 8602 2000 or admin@spfamilylawyerscom.au for a confidential discussion.
