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Notice of Intention to Consider Cancellation
How to respond to NOICC
Receiving a NOICC can be an immensely stressful situation. It is crucial to respond to the notice quickly and thoroughly, as this may be a visa holder’s only opportunity to address the Department’s concerns in order to remain in Australia.
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What is a NOICC?
A Notice of Intention to Consider Cancellation, or NOICC, is a formal notice that is issued by the Department of Home Affairs to a visa holder, which informs them that the Department is considering canceling their visa. The notice will generally outline the grounds for cancellation, and provides the visa holder with an opportunity to respond to the grounds to explain their circumstances and reasons why they should be allowed to remain in Australia.
In some situations, such as where an applicant has a substantial criminal record, the Department will exercise their powers of mandatory cancellation. In these cases, you will not receive an NOICC, and will instead receive a cancellation notice of the cancellation decision.
In what circumstances are NOICC’s issued?
A NOICC is generally issued after a visa has been granted, and circumstances have arisen which would give the Department grounds to cancel this visa. Under Australian immigration law, there are a number of grounds which can lead to visa cancellation. Common grounds that result in a NOICC include:
- A breach of visa conditions, such as working more hours than permitted on a student visa, or working for a different employer than your sponsor while holding a subclass 482 Temporary Skill Shortage visa
- Character concerns, including criminal offenses and prison sentences
- False or misleading information, or bogus documents, generally where the Department has received information indicating that information or evidence used for the visa application was false
- Failure to pass the health requirement, where an applicant has developed a medical condition which would result in a significant cost to the Australian community
- National security concerns
- Situations where the circumstances for the visa grant would no longer exist, such as the breakdown of a relationship or withdrawal of employer sponsorship
The grounds for the NOICC will be clearly outlined in the notice, which will allow you to directly address the Department’s concerns in order to dispute the cancellation and make your case for the continuation of the visa.
What to do if you receive a NOICC? How to respond to a Notice of Intention to Consider Cancellation
As explained above, the NOICC will state the process for responding to the notice, as well as a timeframe for your response. The notice must be sent under section 119 of the Migration Act in order to give visa holders an opportunity to respond. The notice will generally be sent by email, and will give between five to 28 days to give a response, with the option to seek an extension of five days on request by email.
When you receive a NOICC, it is important to first carefully read through the entire notice, ensuring that you understand the reasons why the case officer is considering canceling your visa and noting down any allegations made against you.
It's then advisable to seek legal or immigration advice from a registered migration agent as soon as possible, as the consequences for failing to respond to a notice adequately will be visa cancellation and a three year ban on applying for most visas under schedule three of the Migration regulations. Good legal advice can assist you in addressing the concerns of the Department and supplying sufficient evidence.
You should then start to gather evidence to refute the claims made in the NOICC, including employment records, character references, medical reports, educational documents or alternate up to date information in order to support your case.
This evidence should be submitted alongside a detailed written response that clearly addresses all grounds raised by the Department, explaining the surrounding circumstances as well as any reasons why the visa should not be canceled. These reasons may include Your personal circumstances, or an explanation of:
- Your reasons for traveling and remaining in Australia
- The extent of your compliance with other visa conditions
- The degree of hardship that a refusal would have on you and your family
- Any other relevant matters
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Example NOICC letter and what it means
We have provided some examples of NOICC that have been redacted for privacy reasons. One of the attached examples was a proposed cancellation due to a failure to comply with visa conditions under section 116 of the act, and the other was due to character concerns under section 501.
As you can see, the NOICC is divided up into three sections. Section 1 outlines the grounds for visa cancellations, which clearly states the Department’s reasons for considering cancellation as well as the evidence they are relying on. Section 2 outlines the relevant matters and information that the Department will consider when choosing to exercise their power. Section 3 outlines the method and timeframe for you to respond, as well as the process for requesting an extension to the time limit.
Benefits of using an immigration lawyer
As mentioned above, effective migration advice, whether through a qualified lawyer or Australian registered migration agents, can greatly assist you in responding to a NOICC. The consequences for failing to respond are significant, so it is important to ensure that you address all concerns raised by the Department adequately.
At Australian Migration Lawyers, we have assisted a number of visa holders who have received NOICCs, and have a high success rate with addressing concerns and ensuring that visa holders can remain in Australia. We have experience with a broad range of cancellation grounds, as well as a keen understanding of the types of evidence that can be used to address particular concerns.
- Our team consists of Australian legal practitioners who leverage their grasp of Australian laws and legal precedents to provide assistance with the appeal process.
- We advise you on other migration avenues and strategies available to you.
- As legal professionals, we help to ensure that your application complies with all legal requirements.
Frequently asked questions
Read our most commonly asked questions about AAT appeals:
Can NOICC be appealed?
You can address the concerns raised in the NOICC by responding to the notice in the method outlined within it, generally by email with a written response and accompanying evidence.
If your visa is canceled pursuant to the notice, you may be able to appeal the decision to cancel subject to having the grounds to do so. The appeal process can be complicated, so it is best to seek legal advice if you intend to appeal a decision.
Will I be deported if I fail to respond to the NOICC?
A failure to respond to a NOICC will generally result in your visa being canceled, making you an unlawful non-citizen. You will have a 28 day period to leave the country once your visa has been refused, after which you may be subject to detention and removal by immigration authorities.
What is the success rate of appealing NOICC?
There is no real way to quantify the rate of success for appealing an NOICC. The success of your matter will depend on the individual circumstances and the quality of your evidence and explanation to address the allegations that have been raised. Ultimately, the success of your response to the NOICC or of a subsequent appeal after a cancellation will vary greatly on a case by case basis.
How long does the NOICC process take?
The duration of the process will vary between different matters. The Department will outline the time for your response, which can be between 5 to 28 days. You generally will have the option of requesting a further 5 day extension to this time period. After you have responded, the Department will review the material that you have submitted, and will generally make a decision shortly after.
Can I stay in Australia while my NOICC appeal is processed?
Until your visa has been canceled, you can remain in Australia. If your visa is canceled after receiving an NOICC, you have 28 days to either leave the country or lodge an appeal. You may remain onshore while your appeal is pending.
Can I extend the response time to NOICC?
You are generally permitted to request a five day extension to the response period for an NOICC, however you will not receive any further extensions after that period.
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About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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