Australia's Migration Crackdown Risks Empowering Domestic Abusers, Experts Warn
Policy

Australia's Migration Crackdown Risks Empowering Domestic Abusers, Experts Warn

By Kislap Editorial ·

Experts and advocates warn that Australia's proposed crackdown on visa overstayers could inadvertently empower domestic abusers who weaponise the migration system, increasing risks for migrant victim-survivors. Government plans to return to pre-2015 immigration detention policies, alongside calls for deeper cuts, raise fears of heightened vulnerability for those already experiencing family violence.

New warnings from advocates and experts suggest that the Australian government's proposed crackdown on visa overstayers risks escalating the power of domestic abusers. Immigration lawyer Ann Emmanuel, a principal solicitor at the Immigration Advice and Rights Centre (IARC) in New South Wales, estimates that over 80% of her clients grapple with immigration-related domestic and family violence issues.

Perpetrators are known to weaponise the migration system by threatening to cancel a partner's visa, report them to Home Affairs for detention or deportation, or even separate them from their Australian-born children. Emmanuel highlighted cases where clients unknowingly become unlawful residents because their partner never submitted a visa application or failed to disclose its rejection, putting them at risk of immigration detention through no fault of their own.

These concerns are amplified by recent announcements, including Immigration Minister Tony Burke's intention to reinstate pre-2015 policies for detaining visa overstayers. Professor Marie Segrave from the University of Melbourne, an expert on the weaponisation of temporary visas, argues this commitment disregards the complex reasons women might overstay and "strengthens the arm of perpetrators." Maria Kissouri, CEO of Immigrant Women's Speakout Association of NSW, notes that abusers are already using threats of deportation and detention, and these new policies would only "add fuel to it."

In response, a Home Affairs spokesperson stated the department is committed to supporting visa holders experiencing DFV and does not encourage staying in abusive relationships, pointing to specialized support services. Shadow Home Affairs and Immigration Minister Jonno Duniam countered that the Coalition's policies target those with no lawful entitlement to remain in Australia, not victims of violence, acknowledging the complexities of coercive control in immigration matters. Experts, however, continue to call for system-wide reform beyond focusing solely on perpetrators, as reported by ABC News and corroborated by SBS News.

Key facts

  • Australian immigration lawyer Ann Emmanuel states that a crackdown on visa overstayers could give more power to perpetrators who exploit the migration system against victim-survivors of domestic and family violence (DFV).
  • The federal government has signaled a return to pre-2015 policies of detaining visa overstayers, while the Coalition has proposed further immigration cuts and targeting of overstayers.
  • Over 80% of clients at the Immigration Advice and Rights Centre (IARC) main legal practice face immigration-related DFV issues, including threats of visa cancellation, deportation, or separation from Australian-born children.
  • Research indicates that one in three migrant and refugee women experience domestic and family violence, with temporary migrants being more susceptible to violence connected to their visa status, as highlighted by SBS News.

Official sources

Kislap reports this story for general information only. Nothing here is immigration, legal, financial, tax, medical, employment, or other professional advice; check official sources and speak with a qualified professional before acting.