How to handle domestic violence in Australia as a migrant or temporary visa holder?

As a Filipino migrant in Australia, I was saddened when I heard that Cherry Gerente Ogar, a Filipino- Australian, have died from an alleged domestic violence attack by her husband. Unfortunately, this scenario is all too common, just hiding in plain sight. And though domestic violence doesn’t discriminate, migrants are undeniably, particularly vulnerable.

Do you know someone who is or have been in an abusive relationship? I do. And there were times when I’ve found myself wondering, what if it was me? What would I have done? In this blog post, I will try to discuss what domestic violence is and more specifically in migrant women. I will also suggest a few things that you can do if this is something that is affecting your life.

What is domestic violence?

When defining domestic violence, people often picture an image of a woman beaten up. Though that is one form of it, domestic violence extends beyond the physical. To put it simply, it happens when one person in a relationship behaves in a controlling or dominating way which causes the other person to fear for their or their loved one’s safety and well being. It is a pattern of ongoing abusive behaviour that escalates in severity and frequency over time leaving its victims to be almost unable to leave the abusive person.

Different Forms of Domestic Violence

Verbal Abuse– Swearing, continuous humiliation (either in public or private), name-calling, put-downs etc.
Psychological Abuse– Making threats, destroying property, creating fear etc.
Emotional Abuse– emotional blackmail, undermining the victim’s self-esteem, blaming the victim for everything wrong with the relationship, isolating from family and friends (social abuse), etc.
Financial Abuse– Denying access to bank accounts, Forbidding the victim to work, etc.
Physical Abuse– Punching, hitting, or threatening to harm the victim, putting the victim in harm’s way etc.
Sexual Abuse– pressured or unwanted sex of any form, sexual degradation, etc.
Harassment and Stalking– Tracking your phone, following and watching you, coming to your place without your permission, etc.
Spiritual or religious abuse– Using spiritual or religious beliefs as a way to scare, hurt, or control the victim, forcing the victim to participate in spiritual or religious practices, etc.
Reproductive Abuse– Forcing/ pressuring the victim to perform unprotected sex, to be pregnant, or to have an abortion etc.
Image-based abuse– revenge porn (a sexual image of the victim is taken and shared without their permission), threatening to share victim’s sexual videos or photos, etc.

There’s also what they call coercive behaviour where one forces, intimidates, or manipulates the victim into doing something that they don’t want to. In the long term, it can create lasting psychological harm to victims. Tasmania is the only jurisdiction in Australia where coercive control (some elements of it) has been criminalised.

Domestic Violence in Migrant Women

A third of nearly 1,400 migrant and refugee women in a survey last year (conducted by Harmony Alliance and the Monash Migration and Inclusion Centre) said that they have experienced some form of domestic violence. It also found that temporary visa holders have consistently reported higher levels of domestic violence such as migration-related abuse and threats (i.e. threats to be deported or separation from their children as a result of deportation).

According to the said survey, 91 percent experienced controlling behaviours, 41 percent have witnessed or have become victims of violence, 42 percent have said to have experienced different forms of physical or sexual violence in more than one occasion. Note that even though the majority of perpetrators were male partners, other family members such as the in-laws were also responsible for this violence.

It can be a bit difficult to understand the severity of these situations when we’re just talking numbers and statistics. After all, these figures represent actual human beings. Below you will find three heartbreaking domestic violence cases.

Cherry Gerente Ogar

The case of Cherry Gerente Ogar has devastated the Filipino-Australian community. On the last week of July 2021, 9news reported that a 37-year-old woman was fighting for her life with critical head injuries due to an alleged domestic assault by her 58-year-old former army officer husband, Antony Ogar.

They also reported that the victim had a golf ball sized lump on her forehead, an injury that she sustained between the 24th and the 27th of July at their house. And that her daughter had seen multiple examples of domestic violence when she used to live with them. The victim died on the 28th of July. Her husband who was initially charged with assault causing serious harm has now been charged with murder.

Our sincere condolences to the family of the late Cherry Gerente Ogar.

Nora (not her real name)

I found Nora’s story in an ABC article posted on December last year. Nora (originally from Indonesia), met her ex-husband while on a holiday in Perth. Shortly after, she got pregnant with their first child and went back to Indonesia where they got married. Eventually, they’ve settled down in Perth.

Nora’s husband hit, strangled, and smacked her. When he’s on drugs, he’d force himself on her and got violent when she’d refuse. This domestic violence survivor did not have any support and was isolated from her family back in Indonesia. She kept the abuse all to herself for years, due to feeling ashamed and because the culture she grew up in is a culture where abuse is seen but nothing is done.

Ramina (not her real name)

I saw Ramina’s story in a Women’s Agenda article posted on January this year. Ramina is a migrant in Australia from Pakistan. Her husband severely controls and manipulates her. For example, she’s not allowed to access their joint bank account (her Centrelink payments are deposited here).

Her husband chooses the people whom she can be friends with and restricts her every move (he has to be there when she’s talking to someone over the phone). She’s been isolated from her family and friends. And he monitors Ramina’s emails, social media accounts, and texts. He also pressures Ramina sexually. As a result of all of those, the once very happy and confident girl is now suffering from severe depression and anxiety.

Subscribe for more updates!

What makes migrants particularly vulnerable

Domestic violence victims who are migrants or refugees are in a situation that leaves them even more vulnerable, some of the reasons are:

Fear of losing their visa/ being deported

A lot of temporary visa holders are reluctant to report a domestic abuse because they fear that if they do, they will no longer be able to stay in Australia. This fear is made worse if the victim has a child as she’d think that she’d be separated from her child if she gets deported.

Cultural conditioning

Some victims are from a male dominated culture hence they find it difficult to recognise some forms of domestic violence.

There’s the lack of understanding of Australian laws

Not knowing their rights when it comes to child custody, property settlements, etc. plays a big role in keeping the victims quiet and leaves them open for further abuse.

Socio-economic inequalities

Most migrants would come to Australia without knowing anyone and leaving all of their trusted people back in their home country. They face many challenges already to begin with. A number of partner visa holders would have no choice but to completely rely on their partner’s support in the socio-economic aspect, (for example, the victim is unemployed). This influences the victim’s ability to get themselves out of the abusive relationship.

Fear of discrimination

Fear of being discriminated against by the police based on their race, language, or culture so they end up not contacting them to ask for help.

Not an Australian citizen? On a temporary partner visa? Will you get deported if you leave your abusive sponsor (spouse, partner, fiance)?

Are you a holder of a temporary partner visa? Are you experiencing or have suffered from domestic/family violence? Can you provide evidence of this (judicial/ non-judicial evidence)?

If you answered yes to all of the questions above, then under the Migration Act (1958) you may be able to stay in Australia and apply for a visa on your own. You do not have to stay in an abusive relationship!

Please note that this is not a professional advice but you can check out this link on the Department of Home Affair’s website or talk to a migration agent or lawyer for more information.