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

Lina*

Lina experienced family violence but as a temporary visa holder, leaving that abusive relationship risked her ability to remain in Australia.

Lina from the Middle East was born and raised in an abusive family setting. Lina was 19 when her family arranged for her to be married to a man 16 years older than her, without her consent.

Lina travelled to Australia on a temporary partner visa to live with her husband. While living together in Tasmania, Lina experienced severe family violence perpetrated by her husband. Her every move was monitored and controlled. She was not allowed to leave the house without her husband’s permission, dress how she pleased, or socialise. She also experienced serious sexual, verbal and physical violence

Lina disclosed the violence to her medical practitioner, who contacted the Family Violence Migration Service (FVMS) at TRLS for visa advice. The FVMS lawyer met with Lina and provided legal advice regarding her visa options. The client decided that she wanted to leave her husband and pursue an independent visa pathway. It was not safe for Lina to return to her husband, so the FVMS lawyer, alongside other family violence support services, assisted the client in fleeing the relationship and seeking crisis accommodation.

Once Lina was physically safe, the FVMS lawyer provided full representation in her application to have her permanent partner visa considered under the family violence provisions. The FVMS lawyer assisted her in collecting substantial evidence of family violence from support services, social workers, medical practitioners, the Tasmanian Police, and Australian Red Cross. The FVMS lawyer also assisted Lina in preparing a statutory declaration and provided written legal submissions to the Department of Home Affairs in support of the client’s case.

Lina’s permanent visa was finally granted, and she can now remain indefinitely in Australia, access government support, and live her life on her own terms. She has gained employment in Tasmania, built a social circle and obtained independent housing. She has plans to study at university in the future.

*Names have been changed to protect the confidentiality of the client.

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