Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p28
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 28/30)
Character Range: 180619–183608

has presented evidence in accordance with regulation 1.24 that:
 (i) the alleged victim has experienced relevant family violence; and
 (ii) the alleged perpetrator committed that relevant family violence.
 (10) If an application for a visa includes a non‑judicially determined claim of family violence:
 (a) the Minister must consider whether the alleged victim has experienced relevant family violence; and
 (b) if the Minister is satisfied that the alleged victim has experienced the relevant family violence, the Minister must consider the application on that basis; and
 (c) if the Minister is not satisfied that the alleged victim has experienced the relevant family violence:
 (i) the Minister must seek the opinion of an independent expert about whether the alleged victim has experienced the relevant family violence; and
 (ii) the Minister must take an independent expert's opinion on the matter to be correct for the purposes of deciding whether the alleged victim satisfies a prescribed criterion for a visa that requires the applicant for the visa, or another person mentioned in the criterion, to have experienced family violence.
 (11) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if:
 (a) an application for a visa includes a non‑judicially determined claim of family violence; and
 (b) the Minister is satisfied under paragraph (10)(b) that the alleged victim has experienced relevant family violence.
 (12) For subregulation (11), the Minister must be satisfied that the relevant family violence, or part of the relevant family violence, occurred while:
 (a) the married relationship or de facto relationship existed between the alleged perpetrator and the spouse or de facto partner of the alleged perpetrator; or
 (b) the relationship existed between the alleged perpetrator and the prospective spouse of the alleged perpetrator.
 (13) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if:
 (a) an application for a visa includes a non‑judicially determined claim of family violence; and
 (b) the Minister is required by subparagraph (10)(c)(ii) to take as correct an opinion of an independent expert that the alleged victim has experienced relevant family violence.
 (14) For subregulation (13), the violence, or part of the violence, that led to the independent expert having the opinion that the alleged victim has experienced relevant family violence must have occurred while:
 (a) the married relationship or de facto relationship existed between the alleged perpetrator and the spouse or de facto partner of the alleged perpetrator; or
 (b) the relationship existed between the alleged perpetrator and the prospective spouse of the alleged perpetrator.

1.24  Evidence
  The evidence mentioned in paragraph 1.23(9)(c) is:
 (a) a statutory declaration under regulation 1.25 (which deals