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Executive Summary 

Around one in three migrant and refugee women in Australia have experienced family violence and rates are known to be even higher amongst women on temporary visas. The Government’s National Plan to End Violence Against Women and Children 2022-33 recognises the vulnerability of migrant women and children to family violence. The Department of Home Affairs, Administrative Review Tribunal (ART) and broader justice system must be responsive to this context and become more inclusive and safer. 

Women on temporary visas face unique structural barriers to safety, such as the threat of visa cancellation or deportation upon leaving a violent relationship or the loss of access to healthcare or income by becoming ineligible for social security and Medicare. These structural barriers, together with language and cultural differences and prolonged visa determination processes, create unique forms of insecurity and precariousness, and can prevent women from escaping violence. 

Seven Women’s Legal Services across Australia are responding to this need and provide specialist integrated assistance to women and non-binary people on temporary visas. This submission, prepared by Women’s Legal Services Australia (WLSA), draws from the practice experience of those members. 

WLSA welcomes the opportunity to provide a submission to the Administrative Review Council (Council) about the implementation of amendments to the Migration Act 1958 (Cth) (Migration Act) made by the passing of the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Act 2024 (ART (CTP 1) Act). In this submission, WLSA interrogates the procedure enacted by the ART on migration and protection decisions. 

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