Equivocal Justice: Migrant and Refugee Survivors of Family Violence and Interactions With the Australian Legal System

TL;DR

This study examines how migrant and refugee women in Australia experience the legal system when dealing with family violence.

Contribution

The paper provides new insights into the intersectional challenges migrant and refugee survivors face within the Australian justice system.

Findings

The legal system was seen as both a source of protection and a site of institutional discrimination.

Survivors' interactions with the legal system shaped their legal consciousness and relationship with the resettlement state.

Legal responses should prioritize listening to survivors and respecting their agency.

Abstract

Little is known about how migrant and refugee women who experience family violence interact with the Australian justice system. Drawing on interviews with survivors and service providers and a focus group discussion (n = 73), this paper explores how survivors view and engage with Australian legal interventions. We found the legal system to be an unreliable site for migrant and refugee women; it was capable of both perpetuating violence through institutional discrimination and offering much-needed protection, at times simultaneously. Interactions were influenced by and influenced survivors’ legal consciousness and informed their relationship with the resettlement state. The findings underscore the importance of legal responses premised upon listening to survivors’ claims, respecting their agency, and accounting for the intersectional realities of their lives.