Department of Home Affairs

Ministerial Submission MS23-002386 - Possible Ministerial Intervention - Sections 46a(2), 46b(2) And 48B - Victims Of Family Violence, Signed On 23 January 2024

FA 24/08/01159 Released 13 pages PDF

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This ministerial submission from January 2024 requests the Minister for Immigration, Citizenship and Multicultural Affairs to exercise discretionary powers under sections 46A(2), 46B(2), and 48B of the Migration Act 1958 to intervene in visa application restrictions for family violence victims. The submission recommends lifting application bars to allow affected individuals to lodge Temporary Protection (subclass 785), Safe Haven Enterprise (subclass 790), and Bridging E (subclass 050) visa applications. The referrals were made under section 48B after individuals raised plausible claims potentially engaging Australia's protection obligations. The Department recommends ministerial intervention to enable proper immigration status management and resolution without requiring ongoing exercise of ministerial powers under section 195A. The specific identities of affected individuals are redacted under privacy provisions.

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