WHAT HAPPENS IF THE SPONSOR WITHDRAWS THE APPLICATION BEFORE THE ART HEARING?
WHAT OPTIONS REMAIN FOR YOU?

As of October 14, 2024, the AAT has officially been renamed the ART.

The withdrawal of the Sponsor from a Partner Visa Application just before the ART(Administrative Review Tribunal) hearing is often a challenging and stressful situation for the Applicant. This can weaken your application, especially when both parties have lodged the application based on a marital or de facto relationship.

However, not all hope is lost. In certain exceptional cases, you may still be able to proceed with your immigration journey despite the Sponsor’s withdrawal. Below are some special circumstances identified by JL Migration & Education that could allow you to continue the appeal:

HAVING A CHILD TOGETHER
If you and the Sponsor have a child together, this can serve as a basis for continuing the application even if the Sponsor has withdrawn. The ART will typically consider the impact of immigration decisions on the child. Factors such as the child’s best interests will be taken into account, particularly if you are the primary caregiver.

In such cases, you will need to:

• Provide evidence of the child, including the birth certificate and other relevant documents.
• Clearly demonstrate that staying in Australia will benefit the child, including access to education, healthcare, and stability in physical, emotional, and financial aspects.
• Submit detailed submissions, referencing relevant case law to support your position.

FAMILY VIOLENCE CASES
If you have experienced family violence during the relationship, this can be a key factor allowing you to continue the Visa application process even after the Sponsor’s withdrawal. Australian immigration law provides special protections for individuals who are or have been victims of family violence.

Forms of family violence include:

• Physical abuse: Acts such as hitting, physical assault, or sexual violence.
• Emotional abuse: Controlling behaviour, threats, or actions that cause emotional distress or fear for your life or the safety of pets.
• Financial abuse: When the sponsor controls all financial resources, denies access to shared assets or accounts, or coerces you into providing financial support for unreasonable demands.

If you can demonstrate that you are a victim of family violence, your chances of continuing with the Visa application will increase. You will need to gather the following evidence:

• Police checks
• Reports from psychologists or social workers
• Witness statements or testimony from those aware of the abuse
• Proof such as photos, text messages, or chat logs documenting the abuse

At JL Migration & Education, we have extensive experience handling complex cases like these. With our dedication, we have helped many Clients obtain Visas even from situations where success seemed almost impossible.

JL Migration & Education - Your Visa is our pride !