Partner Visa and previous AVO

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Partner Visa and previous AVO


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Old 02-03-2017, 06:01 AM
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Partner Visa and previous AVO

I was the unfortunate victim of an abusive partner for some time and when I finally broke up with them they called the police and lied and said I hit them. The police took out an interim AVO against me, which I wanted to contest in court based on principle.

As the adjournments and months progressed, I couldn't afford legal representation and was advised that if I represented myself, I would most definitely lose. As a result, my only option was to accept the AVO with on the grounds of a guilty plea without admission (this was what the magistrate said). No conviction was recorded and it goes on my police record.

So, I got the AVO, it lasted for one year, standard provisions and all of that, and now a couple of years has passed since it expired. I'm unaware of my ex-partners situation or status, so I don't know if they got granted PR based on DV. We were on a Prospective Visa when all of this happened and I made an application to cancel it the day after I was falsely accused and the AVO became official 5 months after I made that application.

I am now with a new partner and eventually want to sponsor them to be in Australia with me. My question is; would I be able to sponsor my new partner if my ex was granted PR based on DV? or any similar or related reason regarding the AVO?

It would be extremely unfair if my new partner has to suffer because of the actions of my old one, and the system makes it far too easy for innocent people to be accused and judged against.


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Old 02-03-2017, 06:07 AM
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I think you should talk to someone who specialises in this sort of thing, like an experienced migration lawyer who also deals with character and domestic violence issues. You may get lots of opinions ,but I am not sure' if you're going to get any reliable information on a public forum like this.

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Old 02-03-2017, 06:29 AM
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Quote:
Originally Posted by davidxv View Post
I was the unfortunate victim of an abusive partner for some time and when I finally broke up with them they called the police and lied and said I hit them. The police took out an interim AVO against me, which I wanted to contest in court based on principle.

As the adjournments and months progressed, I couldn't afford legal representation and was advised that if I represented myself, I would most definitely lose. As a result, my only option was to accept the AVO with on the grounds of a guilty plea without admission (this was what the magistrate said). No conviction was recorded and it goes on my police record.

So, I got the AVO, it lasted for one year, standard provisions and all of that, and now a couple of years has passed since it expired. I'm unaware of my ex-partners situation or status, so I don't know if they got granted PR based on DV. We were on a Prospective Visa when all of this happened and I made an application to cancel it the day after I was falsely accused and the AVO became official 5 months after I made that application.

I am now with a new partner and eventually want to sponsor them to be in Australia with me. My question is; would I be able to sponsor my new partner if my ex was granted PR based on DV? or any similar or related reason regarding the AVO?

It would be extremely unfair if my new partner has to suffer because of the actions of my old one, and the system makes it far too easy for innocent people to be accused and judged against.
If you are sponsoring a child, you could have an issue with -
The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.


If there is no child involved, from what you have posted, you should be OK.

In either case it would be a good idea to put the full facts of your case to a registered migration agent for a considered professional opinion.

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Old 02-05-2017, 04:56 PM
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Originally Posted by wrussell View Post
If you are sponsoring a child, you could have an issue with -
The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.


If there is no child involved, from what you have posted, you should be OK.

In either case it would be a good idea to put the full facts of your case to a registered migration agent for a considered professional opinion.
Thanks for your advice.

What do you make of the point listed in section 1-A-ii from the link below?

-austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.20j.html

(1) Subject to subregulations (2) and (3), if a person applies for a visa mentioned in subregulation (1AA) as the spouse, de facto partner or prospective spouse of the sponsor, the Minister must not approve the sponsorship of the applicant unless the Minister is satisfied that:


" (ii) a person who ceased a relationship of a kind mentioned in subparagraph (i) with the sponsor after the person, or another person mentioned in the prescribed criteria for the visa, had suffered family violence committed by the sponsor; and "


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