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✓ ABC NewsPower & Policy

Crackdown on visa overstayers could give abusers more power, advocates say

Immigration lawyer Ann Emmanuel estimates that more than 80 per cent of her clients face domestic and family violence. This violence is tied to immigration.

Domestic violence advocates say a crackdown on visa overstayers will only make abusers bolder. Abusers can threaten to cancel a visa or report someone to Home Affairs.

They can also threaten to separate an Australian-born child from their parent. Abusers could often control their partner's visa application.

They could also control their partner's passports. And they could control their partner's contact with Home Affairs.

Immigration lawyer Ann Emmanuel estimates that more than 80 per cent of her clients face domestic and family violence linked to immigration. Clients can find out they are in Australia unlawfully.

This happens because a partner never made a visa application. Immigration Minister Tony Burke has flagged a return to the immigration policy from before 2015.

Under that old policy, people who stayed past their visa were put in immigration detention. The Coalition has proposed bringing back intelligence work in Home Affairs.

The aim is to target overstayers. Shadow minister Jonno Duniam says the policy is not about punishing victims of domestic violence.

More than 80 per cent
Clients facing violence
Pre-2015 immigration policy
Old detention policy
Immigration Advice and Rights Centre
Lawyer's practice
Introduced in 2024
Federal safety net

Why it mattersAdvocates warn victims could be detained over visa problems they did not cause.

AustraliaIf the plans go ahead, visa overstayers in Australia could be placed in immigration detention again.

✓ Claims checked against the source. checked 4 h ago

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