POLITICS

Australia. A country that takes Domestic Violence seriously!

“In the past, Australia has denied travel visas to R&B singer Chris Brown and boxing star Floyd Mayweather due to domestic violence convictions.” Source: https://www.travelandleisure.com/travel-news/australia-bans-travelers-with-domestic-violence-charges  Retrieved 8/1019

“On Thursday 28 February 2019 Australian Immigration Minister David Coleman issued a new directive barring anyone with a domestic violence conviction from entering Australia.” Source: http://www.ozkiwi2001.org/2019/03/no-visas-for-domestic-violence-offenders/  Retrieved 8/10/19

“The new Directive applies to decision-makers within the Department of Home Affairs who are considering the cancellation or refusal of a visa under s501 of the Migration Act 1958, or who are considering the revocation of a mandatory cancellation of a visa under s501CA.” Source: http://www.ozkiwi2001.org/2019/03/no-visas-for-domestic-violence-offenders/  Retrieved 8/10/19.  Previously, this Migration Act had stated that “a person’s visa must be cancelled if they have been sentenced to 12 months or more in prison.” Source: https://minister.homeaffairs.gov.au/davidcoleman/Pages/govt-introduces-measures-against-domestic-violence-perpetrators-20190303.aspx  Retrieved 8/10/19.  The new directive is not so forgiving in relation to dealing with convicted perpetrators of Domestic Violence; the type of sentence decided by a foreign court is irrelevant when it comes to Australia’s Department of Home Affairs following the directive.

Basically, David Coleman has decided that “Australia has no tolerance for perpetrators of violence against women and children”.  Source: https://minister.homeaffairs.gov.au/davidcoleman/Pages/govt-introduces-measures-against-domestic-violence-perpetrators-20190303.aspx  Retrieved 8/10/19.  Mr. Coleman said in a public statement, “If you’ve been convicted of a violent crime against women or children, you are not welcome in this country.”  Source: https://www.travelandleisure.com/travel-news/australia-bans-travelers-with-domestic-violence-charges  Retrieved 8/1019.  I did note that the emphasis was very much on violence against women and children, and I am grateful to hear this, although we must not ignore the fact that there are males who are victims of Domestic Violence too.

To clarify, any person now wanting to visit Australia on a visa and who has been charged with Domestic Violence, will not be permitted to enter the country, and any person already in the country as a visitor or living there with visa status and who has a record, from anywhere abroad, of Domestic Violence, will be banished from the country.

Some people are arguing that this new directive is too harsh and even unfair.  For example, in the case of a perpetrator of Domestic Violence who served their sentence in the country where they committed the crime and then emigrated to Australia and has been living there for years on a visa, it could be argued that it is unfair to uproot this person from the country that they have chosen as their current home; they have been convicted, punished to some degree according to the laws in their home country and the case has been closed.  Others, however, welcome such a strict directive, aware of the likelihood of recidivism for perpetrators of Domestic Violence.

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New DOJ Definition of “Domestic Violence”

The Department of Justice, (DOJ), has changed the definition of “Domestic Violence”!  I only recently discovered this and was curious.  When I read the new definition, I became concerned.

The Department of Justice’s previous definition of “Domestic Violence” was:

“A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”  Source:

https://www.snopes.com/fact-check/doj-change-domestic-violence-definition/

Retrieved 06/22/19

The current version on the DOJ website, as of April 2018, reads:

“The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.”  Source:

https://www.snopes.com/fact-check/doj-change-domestic-violence-definition/

Retrieved 06/22/19

My observations:

  1. What is glaringly obvious is how drastically different the two definitions are from one another! I.e. Not just a few minor changes.
  2. We see that whereas the previous definition recognized that Domestic Violence is not merely physical violence, (it listed all forms of abuse), the new definition includes only “felony or misdemeanor crimes of violence”, which means that it is discounting many forms of abuse that perpetrators use on his/her/their victim.
  3. The previous definition explained the goal behind the Domestic Violence, i.e. to gain power and control, and it even offered further explanation for how the abusive behaviors seek to gain power and control. g. Aiming to intimidate or manipulate a victim.  The new definition acknowledged none of the above.

Why am I concerned about the new definition?  I feel that the new definition is sending a message that only Domestic Violence punishable by law is considered as “Domestic Violence”, and by offering such a narrow description, it is potentially misleading, as well as appearing to invalidate all other types of Domestic Violence.  Also, I am wondering why the Trump administration felt compelled to change the definition.  What could be the thinking and the goal behind such an extreme change of wording?

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