Tasmanian
Refugee
Legal
Service

TRLS addresses an access-to-justice gap that manifests from the unique circumstances of refugees, asylum seekers & other humanitarian entrants into the Tasmanian community.

Aisha* 

As her relationship ceased as a result of the family violence perpetrated by her partner, Aisha had to flee her home during a time when she was on a temporary visa.

Aisha came to Australia on a temporary partner visa. Soon after arriving in Australia her partner became violent, and the violence rapidly escalated in severity. The relationship ceased as a result of the family violence perpetrated by her partner and Aisha had to flee her home, she was on a temporary visa when this happened. 

The TRLS put together a legal submission and evidence to the Department of Home Affairs that the harm that Aisha suffered fitted clearly within the definition of relevant family violence in the family violence provisions within the Migration Act, including a variety of types of abuse such as emotional, financial, verbal, sexual, physical and tactics of coercion and control. 

The Tasmanian Refugee Legal Service submitted that this conduct unequivocally depicted an abuse of power in the context of a domestic relationship and had a serious negative effect on Aisha’s physical and mental wellbeing and caused Aisha to fear for her health and safety.

The Tasmanian Refugee Legal Service submitted that based on the evidence provided, Aisha satisfied all the requirements of the special provisions relating to family violence under the Migration Act and therefore should be granted a permanent partner visa to be able to stay and live in safety in Tasmania. Aisha was granted a permanent visa to stay in Australia. 

This was a life-changing result for Aisha. She had been through significant trauma and hardship and the result now means that Aisha is a permanent resident thanks to the legal work of TRLS.

Aisha can now live in safety in Tasmania for the rest of her life. She was just 20 years old when she sought assistance from the Tasmanian Refugee Legal Service.

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