Response to NOICC/ NOICR

A Notice of Intention to Consider Cancellation (NOICC) or Notice of Intention to Consider Refusal (NOICR) is a formal communication from the Department of Home Affairs indicating the possibility of visa cancellation or visa refusal. It serves as an opportunity for visa holders to address concerns raised and provide evidence or explanations before a decision is made.

 

Circumstances Leading to NOICC Issuance (Cancellation)

A NOICC may be issued in the following situations under the Migration Act 1958:

1. Provision of Incorrect or Misleading Information:

   • Submission of false or inaccurate details during the visa application process.

   • Use of bogus documents.

2. Breaches of Visa Conditions:

   • Violating conditions attached to the visa, such as work limitations or study obligations.

   • Non-compliance with health or character requirements.

3. Specific Visa Obligations:

   • Business skills visa holders failing to establish or manage a business.

   • Student visa holders not meeting academic or attendance conditions.

   • RSMS visa holders failing to commence work within six months or not completing two years with their employer.

4. Changed Circumstances:

   • Circumstances that justified the visa grant no longer exist (e.g., change in sponsorship status).

5. Character Concerns:

   • Criminal convictions or behavior deemed a threat to public safety.

 

What to Do If You Receive a NOICC

1. Understand the Grounds for Cancellation: Carefully review the reasons and evidence provided in the NOICC.

2. Respond Within the Deadline:

   • Generally, you have five working days to respond.

   • Your response must be in writing, in English (or include a certified translation).

3. Prepare a Comprehensive Response:

   • Explain why your visa should not be canceled.

   • Address the grounds for cancellation and provide supporting evidence.

   • Highlight personal circumstances such as:

     • Travel purpose or stay in Australia.

     • Compliance with visa conditions.

     • Hardship if the visa is canceled.

     • Any family members who may be affected.

4. Seek our Advice:

   • In most situations, it is important to get professional advice. We can help you with this process.

   • We can help to ensure that your response aligns with immigration laws and policies.

5. Appeal or Review Options:

   • If the visa is canceled, you may have the right to a merits review with a tribunal.

   • In cases where review options are limited, judicial review in court may be available.

 

Consequences of Visa Cancellation

• Unlawful Non-Citizen Status:

  • Without another valid visa, you become an unlawful non-citizen.

  • This status typically leads to detention and removal unless:

    • Another visa is granted.

    • You leave voluntarily.

    • A successful review or appeal overturns the cancellation.

• Impact on Future Visa Applications:

  • Visa cancellation can severely affect your ability to secure future visas.

 

Important Note:

If you have received a NOICC, you should act swiftly to ensure your response is thorough and well-prepared. Seeking our professional assistance can significantly improve your chances of a favorable outcome.

​

Contact us today on 0421399697 or book a free consultation urgently