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MIGRATION REGULATIONS 1994 - REG 1.25 Statutory declaration by alleged victim etc

MIGRATION REGULATIONS 1994 - REG 1.25

Statutory declaration by alleged victim etc

  (1)   A statutory declaration under this regulation must be made by the spouse or   de   facto   partner of the alleged perpetrator.

  (2)   A statutory declaration under this regulation that is made by a person mentioned in subregulation   1.25(1) who alleges that he or she is the victim of relevant family violence (within the meaning of regulation   1.21) must:

  (a)   set out the allegation; and

  (b)   name the person alleged to have committed the relevant family violence; and

  (c)   if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:

  (i)   name the person whom the conduct of the alleged perpetrator was towards; and

  (ii)   identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards.

  (3)   A statutory declaration under this regulation that is made by a person mentioned in subregulation   1.25(1) who alleges that another person is the victim of relevant family violence (within the meaning of regulation   1.21) must:

  (a)   name that other person; and

  (b)   set out the allegation; and

  (c)   identify the relationship of the maker of the statutory declaration to that other person; and

  (d)   name the person alleged to have committed the relevant family violence; and

  (e)   if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:

  (i)   name the person whom the conduct of the alleged perpetrator was towards; and

  (ii)   identify the relationship between the alleged victim and the person whom the conduct was towards; and

  (iii)   identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards; and

  (f)   set out the evidence on which the allegation is based.

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