What happens if Home Affairs does not believe my family violence claim in 2026?

Updated 2026-10-10 · General information, not migration advice · Run by the Arrivau team

A "no" from a case officer is not the end of a family violence claim. Under the process set out on the Australian Department of Home Affairs official page "Family violence provisions – Partner visa applicants" (as of the October 2026 version of the page), if the department is not satisfied that you experienced family violence, it must refer you to an independent expert for assessment, and it must tell you that it has done so. The expert then contacts you to arrange an interview about your claims and gives the department an opinion. This article is general information only and is not personalised advice about your own case, so check the current official pages or speak with a qualified professional about your situation.

Who this referral process applies to

The family violence provisions cover people who have applied for or hold certain visas, who experienced family violence during the relationship, and who are no longer in that relationship. On the "Family Violence Provisions" page, the department lists the partner visa pathway as including the Temporary Partner (subclass 820) visa, the Provisional Partner (subclass 309) visa where you entered Australia after applying, and the Prospective Marriage (subclass 300) visa where you are in Australia. If a subclass 300 visa has ceased, you must not currently hold a substantive visa and must have applied for the Partner (subclasses 820 and 801) visa.

For partner visa applicants and holders, the alleged perpetrator must be the former sponsor of the visa application. There is a parallel process for secondary applicants, set out on the "Family violence provisions – Secondary applicants" page, where the alleged perpetrator must be the primary applicant.

What has to happen before your claim gets to an expert

Two assessments happen in order, and the referral only comes after both.

First, the department assesses whether your relationship was genuine and ongoing before it ended. The "Family violence evidence" page states that the department assesses your family violence evidence only once it has assessed that the relationship was genuine.

Second, it assesses the family violence evidence itself. That evidence must show that at least part of the violence happened while you were in the relationship with your former sponsor, and that your former sponsor was the alleged perpetrator. The department can ask you for more information at this stage in order to be satisfied that family violence occurred.

Evidence falls into two broad types on the official evidence page. Judicial evidence is a single court document, such as an injunction under the Family Law Act 1975, a state or territory court order, or a court record of a conviction or finding of guilt for a family violence offence. Non-judicial evidence is either a joint undertaking made before the court, or a minimum of two pieces of evidence from listed categories — medical, police, child welfare officer, family violence support service, social worker, psychologist, family consultant or family relationship counsellor, and education professional — with only one document allowed per category, plus a Commonwealth statutory declaration completed as described in Form 1410i.

What the independent expert actually does

The expert is not a second case officer and the referral is not a refusal. On the partner visa page, the department describes the referral as the step it takes when it is not itself satisfied: the independent expert contacts you to set up an interview to discuss your family violence claims, and then gives the department an opinion on whether they think you have experienced family violence.

The department states plainly that it must accept the independent expert's opinion. That is the point many applicants miss — the referral moves the decision out of the case officer's hands rather than ending it.

How long does it take, and how is the interview arranged?

The official pages describe the timing in general terms only. The department says the process "may take some time" and does not publish a timeframe on these pages, so treat any figure you see elsewhere as unverified and check the current official pages for the latest published information.

On arrangements, the pages say that the independent expert will contact you to set up the interview. You do not have to chase the department to trigger that contact, and the department's commitment is to tell you when it has made the referral.

What happens after the expert gives an opinion

There are two branches, and both are described on the official pages.

If the expert determines that you have experienced family violence, the department may ask you for more information. That can include a request to undertake a health exam, or to provide character documents such as an Australian or overseas police certificate. A positive finding is therefore not the last step of the process.

If the expert determines that you have not experienced family violence, the department must give you the opportunity to comment on that opinion. The pages do not set out what happens after that comment period, so rely on the current official pages or a qualified professional for what follows.

If gathering documents is difficult — and the department says it understands that it can be, with delays sometimes outside your control — the pages state that you will be given more time to submit documents if you need it.

Where support fits in while your claim is assessed

The "Where to get help" page states that support is available regardless of your visa status, and covers counselling and advice as well as housing, finances, food, medical needs and legal matters. That support is separate from the visa process and does not depend on how the assessment goes.

Frequently Asked Questions

Does a referral to an independent expert mean my visa is refused?

No. The official partner visa page describes referral as the step the department takes when it is not satisfied that family violence occurred, not as a refusal decision. The expert then gives an opinion, and the department says it must accept that opinion.

Who arranges the interview with the independent expert?

The department states that the independent expert will contact you to set up an interview to discuss your family violence claims. The pages do not describe interview formats, fees, or who bears any cost, so check the current official pages for anything beyond that.

Can the department reject the expert's opinion if it disagrees?

No. Both the partner visa and secondary applicant pages state that the department must accept the independent expert's opinion. What the department does next depends on whether that opinion is that you have, or have not, experienced family violence.

What if the expert also says the violence did not happen?

The department says it will give you the opportunity to comment on that opinion. The official pages do not describe the steps after that comment opportunity, so confirm the current position on the official pages or with a qualified professional.

If the expert accepts my claim, is my visa granted straight away?

Not necessarily. The pages state that after a positive determination the department may ask for more information, which can include a health exam or character documents such as an Australian or overseas police certificate.

I cannot get all my documents together in time. Does that end my claim?

No. The official pages say the department understands that gathering evidence can be difficult and that delays are sometimes outside your control, and that it will give you more time to submit documents if you need it.