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Seattle University Collaborative Projects - International Academy of ...

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Australia has aligned “family violence” provisions <strong>of</strong> the Migration Regulations with the FamilyLaw Act. It is defined as “conduct, whether actual or threatened … that causes the alleged victimto experience reasonable fear for, or be reasonably apprehensive about, his or her own wellbeingor safety”. However, if a claim <strong>of</strong> “family violence” is not supported, or a marriage has brokendown without “family violence”, cancellation <strong>of</strong> a visa is likely to occur, with return <strong>of</strong> the“sponsored” person to their country <strong>of</strong> origin. Such outcomes may have severe repercussions,including serious mental health concerns and real threat to one’s sense <strong>of</strong> safety and security. Aseries <strong>of</strong> cases will be presented to illustrate the complexity <strong>of</strong> the assessments undertaken bypsychologists in such matters, while attempting to search for ‘evidence’. This presentation alsoaims to explore the conflict that can occur between legal representatives attempting to use anavailable mechanism for a person to remain in the country and the psychology pr<strong>of</strong>ession.Finally, implications for pr<strong>of</strong>essional practice will be discussed.How to Assess ‘Character’? Implications for Migrants, Refugees or AsylumSeekers whose ‘character’ is being QuestionedRima Nasr, LSC Psychology, Sydney, Australia (rnasr@lscpsych.com.au)John Howard, <strong>University</strong> <strong>of</strong> New South Wales (john.howard@unsw.edu.au)When charged with certain <strong>of</strong>fences and not a Permanent Resident or Citizen <strong>of</strong> Australia, the“character test” may be applied. If there are supportable concerns regarding “character”, theindividual may be returned to their country <strong>of</strong> origin against their will, subsequent to a Courtdetermination <strong>of</strong> a criminal matter or period <strong>of</strong> imprisonment. This has serious mental health andother implications both on the individual and their systems (such as children and other familymembers). Additionally, a person may have little in the way <strong>of</strong> identity or supports in theircountry <strong>of</strong> origin, particularly if they had not lived in that country for many years and, when theydid, conditions may have been chaotic, dangerous and destructive, with civil conflict ordiscrimination leading to re-location for “protection” or as a “refugee”. Assessments <strong>of</strong>“character”, including risk for re-<strong>of</strong>fending, are complex and <strong>of</strong>ten contested. Psychologists mustnegotiate the assessment <strong>of</strong> psychological vulnerability or impact, as well as considering thesafety to the Australian community in terms <strong>of</strong> potential ‘risks’ that an individual poses shouldthey remain in Australia. A series <strong>of</strong> cases will be presented to illustrate the issues involved,including “risk assessment” and complexity, leading to suggestions for practice.The Child in Immigration Assessments: Relocation, Trauma and the Shattering<strong>of</strong> IdentityChris Lennings, Australian College <strong>of</strong> Applied Psychology (clennings@lscpsych.com.au)81

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