The Safe Landing Program supports victims/survivors of family violence on temporary visas to recover and thrive, by assisting them to navigate the legal system. South-East Monash Legal Service (SMLS) and Northern Community Legal Centre (NCLChave partnered to deliver Safe Landing Program, supported by a Federal Government National Legal Assistance Partnership grant. Building on a pilot delivered by NCLC, Safe Landing ensures some of the most vulnerable in our state have access to justice.
Family violence and temporary visas
Women and children on temporary visas are at heightened risk due to their often limited access to alternative income, accommodation and basic services when they are attempting to leave an abusive relationship. For these women, abuse can often come in the form of threats of deportation and separation from their children. For those with limited proficiency in English, navigating the legal system can be impossible without appropriate support.
Cumbersome legal procedures and requirements and a lack of networks and support can make it difficult for women on temporary visas to access help. Additional intersectional issues, such as generational migration experiences, individual and collective racism experiences, temporary visas and deportation threats, and the effects of post-traumatic stress among people who were victims of violence as refugees, make it more difficult to navigate the legal system.
A strive towards change
Jenni Smith CEO of NCLC states “This project is the continuation of a journey which started in 2015, in the wake of the Coroner’s findings into the death of local Indian-born woman Sargun Ragi. From that time, we worked closely with migrant communities of Melbourne’s Northwest to develop a specialized response to the needs of people experiencing family violence who had left their homeland for marriage to men residing in Australia. Expanding this program into the Southeastern Suburbs of Melbourne will allow many more people to access the support they need.”
Kristen Wallwork, Executive Director of SMLS states: “Women on temporary visas are extremely vulnerable, due to dependency on their partners and visa status. Certain visa conditions have a dangerous role in enabling abuse, such as limited work authorisations, limited right of residence, dependence on a third party for the right of residence, and limited access to services and social security, combined with the distance from family support and a lack of familiarity with Australian laws. These factors all serve to contribute to increased vulnerability for women on temporary visas. The Safe Landing Program helps these survivors to recover and thrive, by assisting them to navigate the legal system and connecting them to the social support they need.”
Integrated family, family violence and migration lawyers work collaboratively, assisting people to access visas which allow them independence from perpetrators, intervention orders to keep them safe, financial compensation to rebuild their lives and family law orders to ensure safer relationships. Community legal educators increase diaspora communities’ understanding of their legal rights and responsibilities while promoting the service and building tailored referral pathways for local community organisations and associations.
Case Study
‘Thi’ (name changed) was a mother of two children under 6 years of age. Thi was from another country and had no family or close friends in Australia. Her husband Tom is an Australian Citizen. Thi had a significant history of family violence for several years that she had not disclosed to the police. Tom was an alcoholic and consumed approximately two bottles of liquor per day on his days off. He was physically abusive throughout their marriage. In one incident where Thi couldn’t move after a beating, Tom phoned for an ambulance. Thi lied to hospital staff as to the cause of her injuries. Tom had told her various times that she would lose her visa and lose access to her children if she separated from him.
The social worker at the hospital-built trust with Thi, who disclosed the nature of the family violence. Through the community legal education from the legal centre, the social worker thought there may be options for Thi’s visa where she could safely separate from Tom. She referred Thi to the legal centre for help.
The legal centre was able to make an application under the family violence provisions in the migration legislation. Thi was able to get a permanent visa and stay with her children in Australia. The legal centre connected her to housing support and a local parent’s group where she has made friends.
