Rights and needs of migrant victim-survivors of family violence within immigration policies and practices

 

This webinar was held on 28 November 2022. Watch the recording or read the transcript from the webinar.

Background

Research and insight from victim-survivors and advocates has shown that immigration policies and practices can create barriers for migrant victims of family violence when accessing help. The United Nations Committee on the Elimination of Violence Against Women (CEDAW) has also raised concerns about the risks for migrant women who have children and are victims of family violence. This webinar looked at:

  • The current situation for migrant victim-survivors of family violence in Aotearoa New Zealand in relation to immigration policies
  • Policies from other countries and Aotearoa New Zealand’s international obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women and the UN Convention on the Rights of the Child
  • What policy, practice and support changes are needed.

See our previous news story for more background.

Speakers:

  • Vasudha Gautam is the Client Care Coordinator of the Refugee and Immigration Legal Advice Service at Community Law Wellington and Hutt Valley. She is experienced in supporting and advocating for family violence victims, and is a victim-survivor.
  • Silvana Erenchun Perez is the Strategic Manager of Shama Ethnic Women’s Trust. Shama provides culturally-appropriate support, advocacy, and programmes to ethnic women, their children and families. This includes addressing sexual violence in ethnic communities through operating a national sexual violence crisis coordination and therapeutic service, and activities in prevention in ethnic communities. Silvana has previously worked as a journalist giving voice to groups not represented in traditional media.
  • Sarah Croskery-Hewitt is lawyer, who worked with Community Law Wellington and Hutt Valley focused primarily on access to justice issues facing survivors of family and sexual violence, and establishing a specialist immigration law service for migrant women experiencing violence. She is one of the inaugural Borrin Foundation Community Law Fellows completing research on the intersection of immigration law and family violence in Aotearoa New Zealand, and she is currently undertaking PhD research at the University of Wollongong on the use of intoxication evidence in sexual assault trials.
  • Dhilum Nightingale has been a lawyer for over 20 years, including working with Community Law Wellington and Hutt Valley in their Refugee and Immigration Legal Advice Service as a rōia hapori (community lawyer). She assists migrant survivors of domestic violence with visa applications and appeals to the Immigration & Protection Tribunal, and she also works on migrant exploitation work in employment. She is also a barrister at Kate Sheppard Chambers with expertise in humanitarian immigration law and employment and immigration advocacy for migrant workers experiencing exploitation in their workplaces.
  • Megan Williams is a lawyer and law reform advocate at Community Law Centres o Aotearoa, working in the areas of immigration and refugee law, social welfare and housing law, family violence and access to justice.  Megan previously led the Refugee and Immigration Legal Advice Service (RILAS) at Community Law Wellington and Hutt Valley for nine years, with a particular focus on refugee family reunification and family violence visas and assisted in the establishment of specialist family violence visa service for migrant women. She continues to provide legal supervision to the RILAS team and is also a member of the New Zealand Law Society and the Auckland District Law Society Immigration and Refugee Law Committees and a Board member of Changemakers Refugee Forum
  • Panel host: Charlotte Moore (Rangitāne o Wairau) is Kaiwhakahaere at the New Zealand Family Violence Clearinghouse.

Resources

 Recent Migrant Victims of Family Violence Project 2019: final report (2020) by Immigration New Zealand, Ministry of Business, Innovation & Employment; also see our related news story New report identifies barriers for migrant victims of family violence in immigration policies

 Te Mahere Whai Mahi Wāhine Women’s Employment Action Plan (2022)

 Inquiry into migrant exploitation, Report of the Education and Workforce Committee (2022)

 Proposed Member's Bill Protecting Migrant Victims of Family Violence Bill, introduced by Jan Logie

 Living at the cutting edge: women's experiences of protection orders: Volume 1 the women's stories and Volume 2 : what's to be done? A critical analysis of statutory and practice approaches to domestic violence (2007)