DV victim-survivors on temporary visas still 'at risk', advocates say

WARNING: This story contains descriptions of domestic violence which may cause distress

Grace* only needs to look at the dark lines traversing her wrists to remember the life she fled.

"There are some marks on my hand here; he cut my hand and also my lips," she said.

"He used to punch me, he used to kick me, like throw … beer bottle at my face."

The Papua New Guinean said her ex-partner would break into her rental drunk and raging while her young son slept, breaking her possessions, and one time even stealing her educational certificates.

Grace tried to report the violence to the PNG police but said it did not go anywhere.

Desperate, with support from her mother and grandmother, she relocated to Australia as a seasonal worker through the Pacific Australia Labour Mobility scheme, leaving her son in her relatives' care.

It was a temporary plan, but as the magnitude of what she had escaped dawned on her, Grace knew she could not go back.

That realisation sent her down the road to protection in Australia, laying bare the violence and trauma, as over about two years she went through a rejection, an appeal, and at last, asylum.

In its decision, the then-Administrative Appeals Tribunal noted violence in PNG was "among the most common in the world", and that "almost all" women and girls would be subject to it at some point in their lives.

It found that if Grace returned, her ex would likely attempt to find her and pressure her back into a relationship, and accepted there was "a real chance" she would be harmed.

A caseload only growing

The Tasmanian Refugee Legal Service (TRLS) has seen more than 400 victim-survivors since it began taking on family violence cases in 2021, and the caseload is only increasing.

"They often are required to provide dates; they're required to provide documentary evidence like photographs, police reports, medical reports," lawyer Jarin White said.

Ms White said for women who came to Australia with a partner, the violence often intensified once they arrived, and could manifest in immigration-related abuse and control.

Australia has family violence provisions that allow these women to apply for consideration for permanent residency, which a spokesperson for the Department of Home Affairs said aimed to ensure they did not feel compelled to stay in a violent relationship to secure a permanent visa. 

But Ms White said because the provisions applied only to certain visa categories, like a partner visa or some skilled visas, women who were not eligible, like those listed as a dependant on a student visa, could often only seek asylum.

It has prompted calls to introduce an additional substantive family violence visa for temporary visa holders.

Ms White said women who came alone, like Grace, tended to claim refugee status on the basis that it was unsafe to return to their home country, where they were likely to experience serious harm.

Barriers to support

It is difficult, and often dangerous, for any woman to leave an abusive relationship, but can be even more so in a foreign country, up against language and cultural barriers.

That they were often ineligible for services like Centrelink and sometimes Medicare while they waited for their claim to resolve only magnified their disadvantage, Ms White said.

Grace worked casual agricultural jobs, bounced between temporary living arrangements, and had support from friends and a new partner, but others can fall through the cracks.

It is a challenge for Australia's shelters, which often rely on a small financial contribution from the women they support.

"So, when we take women in this situation, we know that we will not get that contribution," said Janet Saunders, Hobart Women's Shelter chief executive.

"But more importantly, we also are taking on … the challenges of making sure that they have enough food, medication, they can see a doctor, transport costs … all the things that we all use day to day."

The National Advocacy Group on Women on Temporary Visas Experiencing Violence, made up of more than 30 state and national peak bodies and frontline organisations, is calling on governments to ramp up support.

Among other measures, they want more support for shelters and crisis accommodation providers to guarantee access, and for state and territory governments to expand eligibility to social and public housing, to prevent women from overstaying at refuges.

They also want the Commonwealth to ensure access to Centrelink and health care.

A spokesperson for the Department of Social Services said the Commonwealth offered a range of support for victim-survivors regardless of visa status, including the Leaving Violence Program, which provides packages of up to $5,155 and connects them to other forms of support.

The federal Health Department said individuals might be eligible for Medicare by a ministerial order, and there was a range of orders in place for temporary visa holders in government programs, including the Forced Marriage Specialist Support Program.

A spokesperson for the federal housing minister said the government was investing $1.2 billion in new crisis and transitional housing for women and children escaping violence.

Tasmania's Minister for Women and the Prevention of Family and Sexual Violence Jo Palmer said eliminating violence was a priority, and that the government would continue working with frontline services.

Hopes for reunion

It has pained Grace to miss her son growing up, and she is working to bring him to Australia. 

She has since had another child, and says her son is excited to meet his sister.

*Name has been changed