5.1
Anti-Slavery Australia, Australian Catholic Religious Against Trafficking in Humans (ACRATH) and Walk Free identified challenges that are faced by individuals seeking assistance. These include challenges with access to consular services, legal, financial, and visa and migration processes. Anti-Slavery Australia also stated that ‘COVID has heightened difficulties experienced by Australians overseas.’
5.2
Australian citizens and permanent residents overseas who are in need of assistance can seek support from Australian consulates. The Department of Foreign Affairs and Trade (DFAT) and the Australian Federal Police (AFP) play a substantial role in the provision of assistance outside of Australia, with DFAT highlighting that ‘Australian government officials are obliged to report any information about a possible case of forced marriage involving Australian citizens and permanent residents, and that referral is made to the AFP.’
5.3
Non-government organisations provide support services for Australians, whether they are in Australia or outside of Australia. For example, the Australian Government funds the Australian Red Cross to deliver the Support for Trafficked People Program. Anti-Slavery Australia also operates the My Blue Sky website and helpline.
Support for Australians when overseas
5.4
DFAT stated that ‘overseas, DFAT works closely with the Australian Federal Police to provide consular assistance to victims or those who believe themselves at risk of a forced marriage.’ DFAT explained that it ‘provides information to the public on child and forced marriages through the Smartraveller website, including information on how to seek assistance.’
5.5
The AFP also has officials located overseas. The AFP stated its ‘International Liaison Officer Network provides investigative assistance to foreign law enforcement in relation to a range of crime types including modern slavery and human trafficking. The AFP has 166 members posted to 33 countries around the world, all of whom are provided with [Look a Little Deeper] training’, a training program on human trafficking issues.
5.6
Expanding on its consular and overseas assistance for child and forced marriage, DFAT elaborated that:
… our consular officers take a victim centred approach and very special care to ensure that the victim’s welfare is handled appropriately and sensitively. We recognise that this is a serious extraterritorial offence.
5.7
DFAT and AFP described the training provided to their officers on forced marriage. This included training on reporting obligations, as well as training to identify indicators of forced marriage delivered by government and non-government organisations. The Look a Little Deeper training program run by the AFP is discussed further in Chapter 4.
5.8
DFAT stated that ‘training for consular staff in DFAT contains a specific session on forced marriage and includes detailed discussions on reporting obligations in relation to extraterritorial offences.’
5.9
ACRATH stated that ‘there are clear indications of need’ to raise awareness of child and forced marriage among ‘in-country diplomatic staff’ ACRATH further stated:
Accurate and up-to-date information about how to advise and refer victims to suitable assistance pathways on their return to Australia is also a necessity. … ACRATH has delivered presentations to diplomatic missions on human trafficking in Indonesia and Thailand. These opportunities are invaluable to overseas missions as they provide detailed information and personal stories from survivors.
5.10
Organisations providing child and forced marriage support services have also facilitated assistance through DFAT’s consular services. Anti-Slavery Australia detailed that ‘in every case where a client is located overseas’ it ‘has worked closely with DFAT’s consular operations area and Australian posts overseas when attempting to repatriate clients, and this cooperation has been invaluable.’
5.11
Anti-Slavery Australia, however, identified there is often ‘no Australian diplomatic presence in the area where the victim is located.’ Anti-Slavery Australia explained that ‘this means individuals may be advised to travel to neighbouring countries to access Australian Government assistance (for example, collecting emergency travel documents). This is often impractical, and near impossible, due to country conditions and associated safety risks.’
5.12
Concerns about a lack of direct diplomatic presence were also raised by Walk Free, which identified that ‘nine of the 10 countries with the highest prevalence of child marriages globally are in Africa .... Australia only has direct diplomatic presence in two of these nations (Mozambique and Nigeria) and Australia’s development program to Sub-Saharan Africa is minimal’.
Repatriation challenges
5.13
In assisting individuals return to Australia, Anti-Slavery Australia stated ‘there have been longstanding difficulties in repatriation efforts’, and further stated that these difficulties ‘have been exacerbated during the COVID-19 pandemic.’
5.14
Anti-Slavery Australia noted a ‘lack of clear government policy on appropriate responses to forced marriage victims overseas.’ Anti-Slavery Australia identified that consular and passport policy matters are among ‘the types of issues raised in forced marriage repatriations’.
5.15
Anti-Slavery Australia recommended that ‘to promote the safety, wellbeing and long-term security of those experiencing forced marriage, DFAT lead a multi-stakeholder group of government and key civil society organisations to develop a repatriation policy.’ Anti-Slavery Australia stated:
[Anti-Slavery Australia has] seen the opportunity to develop a streamlined repatriation protocol which addresses communication channels; the provision of emergency travel documents; financial assistance; and, specifically, the assistance available from relevant Australian diplomatic or consular missions.
5.16
Anti-Slavery Australia drew on its casework experience to highlight the following areas that the Australian Government should address in a repatriation protocol:
Clear channels to enable streamlined referrals and communication between DFAT and organisations managing repatriation case;
Provision of consular assistance to minors, particularly addressing cases where there may not be consent from the parents;
Provision of travel advice by DFAT;
Provision of emergency travel documents;
Provision of emergency financial assistance [...];
Assistance to access a wider/whole-of-government response where necessary (e.g. hosting case conferences between relevant stakeholders, referrals to other agencies (Department of Home Affairs for visa issues, or [Attorney-General’s Department] in child protection issues));
Assistance from Australia’s diplomatic/consular mission where the individual is located; and
Any other guidance and assistance the Australian Government is able to provide.
Programs delivered by non-government organisations
Support for Trafficked People Program
5.17
The Support for Trafficked People Program (STPP) is administered by the Department of Social Services and delivered by the Australian Red Cross and ‘aims to assist clients in meeting their safety, security, health and well-being needs, and to develop options for life after they leave the Support Program.’
5.18
The AFP stated that it ‘is the only agency able to refer suspected victims of modern slavery and human trafficking to the STPP.’ The AFP explained:
AFP officers are specially trained to assess each case to determine if the victim has been subjected to human trafficking or slavery in accordance with the Crimes Act definitions, and then refer victims to the most appropriate support services for their circumstances. Further, the AFP is equipped to provide a range of protections to victims as needed. Noting the significant benefits available through the program, the AFP is also positioned to prevent fraudulent actors from exploiting the system.
5.19
The STPP includes a ‘Forced Marriage Support Stream’ which provides ‘intensive support for up to 200 days for clients who are in, or at risk of, a forced marriage. This includes access to the 90 days of support already provided on the “Assessment and Intensive Support” and “Extended Intensive Support” streams.’
My Blue Sky
5.20
Anti-Slavery Australia operates the My Blue Sky website and the My Blue Sky helpline. In addition to recommending that individuals contact the AFP, the Australian Government directs individuals ‘in, or at risk of, a forced marriage’ to the My Blue Sky website and helpline for ‘support and free, confidential legal advice.’
5.21
Anti-Slavery Australia detailed its My Blue Sky website and helpline was the primary means that individuals reached out to Anti-Slavery Australia for help:
Most of these individuals contact us, seeking assistance, through My Blue Sky, which is a national website aimed at the prevention of forced marriage, or directly through our hotline. Often they are in Australia and fear being taken overseas for a forced marriage. We also receive other contacts, predominantly from young girls and women who have been taken overseas and are seeking to be repatriated.
5.22
The My Blue Sky website provides a list of pathways to help, identifying the following situations that an individual may find themselves in:
I want to stop the violence
I need a safe place to stay
I want to leave my marriage
I want to withdraw my support for their visa
I want to stay in Australia on my own visa
I want to return to Australia
I want to receive compensation for my injuries
I want to talk to someone
I don’t want to travel overseas
5.23
The Australian Border Force stated that ‘$355,393 was awarded to Anti-Slavery Australia over 2014-17 to develop www.mybluesky.org.au’, which it referred to as ‘Australia’s first dedicated website to preventing and addressing forced marriage.’ The ABF stated that in 2017-18 a further ‘$125,000 was awarded to Anti-Slavery Australia to maintain and improve www.mybluesky.org.au’.
Challenges experienced by those facing child or forced marriage
5.24
Inquiry participants identified a number of challenges that arise for individuals, including family dynamics, financial pressures, legal consent issues for minors, and visa and migration matters.
5.25
Forced marriage cases may be interlinked with financial pressures, as well as complex relationships with parents and families. Those seeking to leave a forced marriage or return to Australia may be in financially vulnerable position.
5.26
Anti-Slavery Australia stated that in the Australian context, ‘the AFP have received more referrals of forced marriage cases than any other form of modern slavery and yet we haven’t been able to progress those to deep investigations that potentially lead to a prosecution.’ Anti-Slavery Australia further stated that there are clear ‘reasons for that reluctance to proceed by young witnesses’.
5.27
The AFP elaborated on its ‘victim-centric approach’, which accounts that girls in forced marriage situations perpetrated by their parents often do not wish to prosecute their parents through the justice system:
[The AFP] take a victim-centric approach to how we deal with crimes of forced marriage. So prosecution isn’t necessarily the preferred outcome. We’re often talking about young girls, and their parents are often the perpetrators. The girls don’t want to be prosecuting their parents. All they want is not to be getting married and be taken offshore, in some instances. So that’s where that relationship with the NGOs—particularly with things such as abandonment—is so critical.
Parental consent issues
5.28
Anti-Slavery Australia observed ‘legal issues in relation to minors’, in relation to the government seeking parental consent prior to intervening. Anti-Slavery Australia stated ‘in forced marriage matters, often the parents and extended family of the individual at risk are complicit. In the case of minors, we have observed a reluctance from government to intervene due to a lack of consent from the parents.’
5.29
As a result, Anti-Slavery Australia identified that civil society organisations were the primary avenue for assistance. ‘This means young, at risk individuals overseas are forced to rely upon limited support from foreign civil society organisations (if available, at all) or international organisations.’
Financial pressures and vulnerabilities
5.30
Anti-Slavery Australia stated that ‘the majority of individuals taken overseas for forced marriage are minors and/or experiencing other vulnerabilities. It is rare that they are financially independent’. Anti-Slavery Australia further stated that this ‘lack of funds often leaves them stranded overseas for prolonged periods (often years) and exposes them to further harm.’
5.31
A lack of funds was identified by Anti-Slavery Australia to mean that individuals are faced with an ‘inability to obtain flights, accommodation, transport, mobile phones, and other critical assistance to escape from the situation.’
5.32
The ABF stated that ‘the National Action Plan [to Combat Modern Slavery 2020-25] recognises that dowry may be a driver for parents to force a marriage or be part of the coercion experienced by those within forced marriages that prevent them from being able to leave.’ The ABF further stated that as part of consultation for ‘models for enhanced civil protections and remedies’ it works ‘closely with civil society to consider how a model for enhanced protections may be sensitive and responsive to the challenges posed by the intersection between forced marriage and dowry abuse.’
5.33
Anti-Slavery Australia acknowledged that the Australian Government’s Hardship Loan Fund was ‘developed in response to COVID-19’ and built ‘on the existing Traveller Emergency Loans program.’ However, Anti-Slavery Australia was ‘conscious that this assistance is temporary and will not be accessible to our clients once the initiative comes to an end.’
5.34
Anti-Slavery Australia stated that it is ‘reliant on sourcing funds from other civil society organisations. However, the volume of clients and level of financial assistance needed goes beyond the capacity of any funds’ it is ‘able to secure.’ Anti-Slavery Australia suggested that the approach seen in the United Kingdom (UK) with the government directly ‘providing financial assistance to victims of forced marriage needing repatriation’ be followed:
… [Anti-Slavery Australia] strongly recommend the creation of an Australian Government grant program, administered by DFAT, dedicated to providing financial assistance to victims of forced marriage needing repatriation. We consider that financial assistance given in the form of grants is the most appropriate in these situations. We also note that this is the approach currently taken in the UK, which has established a Forced Marriage Unit that leads the UK Government’s forced marriage policy, outreach and casework, and also funds the repatriation of individuals at risk who are assisted by the UK Foreign Office to return home.
Migration and visa matters
5.35
There are significant interactions between migration policy and child and forced marriage issues. For example, victims of forced marriage may be asked to sponsor the migration of a potential spouse to Australia.
5.36
Victims of forced marriage may have also been brought to Australia, either with the marriage having occurred overseas, or with the intention of it occurring in Australia. These victims may hold a temporary Australian visa, such as a partner visa.
5.37
The Department of Home Affairs/ABF advised that ‘most victims are either permanent residents or Australian citizens.’
Partner and prospective marriage visas
5.38
‘Current Partner’ visas allow an individual to sponsor their partner to migrate to Australia. The Department of Home Affairs/ABF detailed that ‘Current Partner visa age requirements align with the provisions in the Marriage Act, which preclude the recognition of child marriages in most circumstances.’ The Department of Home Affairs/ABF explained:
Current Partner visa provisions in the Migration Regulations 1994 (the Migration Regulations) require that at time of application:
Partner visa applicants in a de facto relationship are 18 years of age or older;
applicants have a valid marriage under Australian law; and
for sponsors aged under 18 (but over 16), the parent/guardian sponsors the Partner visa applicant.
5.39
For the ‘Prospective Marriage’ visa, the Department of Home Affairs/ABF stated that ‘the Migration Regulations require applicants and sponsors to be 18 years of age or older at the time of application. The Regulations also require that the sponsor and applicant have met in person since both have turned 18 years of age.’
5.40
In relation to cases of child marriage, the Department of Home Affairs advised that over the past three years, it had only received ‘11 lodgements’ for ‘partner applications where applicants have been under the age of 18 at the time of application.’
5.41
The Department of Home Affairs/ABF stated that ‘in determining whether a marriage is recognised for migration purposes, visa processing officers routinely undertake document and identity checking processes.’ This process allows an opportunity to identify instances of forced marriages, with the Department of Home Affairs/ABF explaining that:
Should there be any concerns that either party to an application may not be a willing participant in the marriage or the visa application, visa processing officers will conduct further integrity checks including by interviewing the sponsor and visa applicant. The Department/ABF also has in place risk profiles and treatments to identify and apply greater scrutiny to cases of applicants that may be at risk of forced marriage.
Cancellation of visas of perpetrators
5.42
The Department of Home Affairs/ABF also detailed processes to ensure that perpetrators of forced marriage are properly identified during the visa application process. This may result in the rejection or cancellation of a visa.
5.43
The Department of Home Affairs/ABF recognised that ‘perpetrators or facilitators of forced marriage can be difficult to identify, particularly in instances where there is no prior information or intelligence to suggest that a forced marriage has or is going to take place, there is little information about the offending, or there is no conviction.’
5.44
The Department of Home Affairs/ABF outlined that ‘on 15 April 2021, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs issued a new direction to guide decision-making relating to the character test’, allowing consideration of whether the visa was held by someone who is a perpetrator or facilitator of forced marriage. The Department of Home Affairs/ABF explained:
The direction introduced specific guidance in relation to forced marriage, requiring decision-makers to seriously consider causing a person to enter into, or be a party to (other than a victim of) a forced marriage in deciding whether to refuse or a cancel a visa on character grounds, or to revoke a mandatory visa cancellation.
5.45
The Department of Home Affairs/ABF also highlighted that ‘the Migration Act has a number of additional cancellation provisions that allow visa cancellation of perpetrators or facilitators of forced marriage in certain circumstances, including where a temporary visa holder arrives in Australia to perform cultural marriages, or where they gain a benefit for performing such ceremonies.’
Other options for temporary visa holders
5.46
For victims of forced marriage that have been brought to Australia on a temporary visa, the Department of Home Affairs/ABF detailed that ‘the Human Trafficking visa framework (HTVF) provides visa options to allow suspected victims to remain lawfully in Australia.’ Home Affairs stated that ‘individuals granted a visa under the HTVF are able to access’ the Support for Trafficked People Program.
5.47
Home Affairs advised that the HTVF offers two visa categories, a temporary bridging visa or a permanent visa:
1
Bridging F visa (BVF) – a non-citizen assessed by the AFP as a suspected trafficked person may be eligible for a BVF for up to 45 days. A BVF can also be granted to the victim’s immediate family members in Australia. A second BVF may also be granted for a further 45 days (making up to 90 days available) which is assessed on a case-by-case basis. Trafficked non-citizens on BVFs have work rights and are eligible to receive support through the STPP. A BVF may also be granted to allow victims to remain in Australia while they assist with the administration of the criminal justice process.
2
Referred Stay (Permanent) visa (RSV) – a trafficked person who has made a contribution to an investigation or prosecution of an alleged offender, and who would be in danger if they returned to their home country, may be eligible for an RSV. This visa allows the holder to remain in Australia permanently, and immediate family may be included in the visa application.
5.48
The Department of Home Affairs stated that for individuals who have come to Australia on a partner visa, and face abandonment or abuse, there are ‘provisions under the Migration Act to go through the avenue of the family violence provisions, which may lead to a permanent residency in their own right.’
5.49
Anti-Slavery Australia stated that for those in a forced marriage where family violence provisions do not apply, ‘it isn’t currently possible to refer to a forced marriage and use that as a ground for the grant of permanent residence.’
Concluding comment
5.50
The Committee notes that Australia’s own experience in supporting victim-survivors of forced marriage builds a knowledge base that can be drawn upon in its advocacy to other nations in eliminating the practice of child and forced marriage.
5.51
While the Committee has not undertaken a comprehensive examination of Australia’s domestic response to child and forced marriage, the description of challenges by inquiry participants provide insight into the problems that arise on the ground. In particular, they highlight the role of the Australian Government in providing consular assistance, passport, emergency travel documents, and advice on visa and migration matters.
5.52
The Committee acknowledges evidence from Walk Free that geostrategic decisions about the placement of embassies have implications for the child and forced marriage support services and advocacy. The Committee understands that there is no direct diplomatic representation by Australia in some countries with high prevalence of child and forced marriage.
5.53
The Committee acknowledges evidence that there is a close working relationship with NGOs and government. However, as the resolution of child and forced marriage cases is often dependent on government intervention on complex cross-jurisdictional matters, the Committee heard that a multi-stakeholder repatriation protocol to be developed by the Government in conjunction with NGOs may assist with improving communication channels and streamlining the repatriation process.
5.54
The Committee acknowledges evidence that the visa and migration framework, through human trafficking and domestic violence provisions, extends some protections to those in forced marriage situations. The Committee also acknowledges evidence that human trafficking programs, such as the Support for Trafficked People Program, provide specific streams of assistance for those experiencing child or forced marriage.
5.55
The Committee acknowledges that cases of forced marriage are unique from other forms of human trafficking, and acknowledges evidence that family or domestic violence protections do not capture all cases of forced marriage.
5.56
The Committee recommends that the Australian Government identify opportunities to improve communication channels with key civil society organisations, including leading a multi-stakeholder group of government and key civil society organisations to develop a repatriation protocol that enables prompt and streamlined assistance to Australians overseas that are in, or at risk of, child and forced marriage.
5.57
The Committee recommends that the Australian Government continues and enhances funding to NGOs to counter child and forced marriage.