Notice of Intention to Consider Cancellation (NOICC) | Expert Immigration Advice

Jan 11,2025

Notice of Intention to Consider Cancellation (NOICC)

                         

Receiving a Notice of Intention to Consider Cancellation (NOICC) can be an overwhelming experience for any visa holder in Australia. If you find yourself in this situation, it’s crucial to understand what this notice entails, the potential grounds for visa cancellation, and what actions you can take to protect your visa status. At Bansal Lawyers, we specialize in guiding clients through the complexities of immigration law, particularly when facing the possibility of a visa cancellation.

                          

What is a Notice of Intention to Consider Cancellation (NOICC)?

           

A NOICC is issued by the Department of Home Affairs to notify a visa holder that there are grounds for canceling their visa under the Migration Act 1958. The notice provides the visa holder with an opportunity to respond before a final decision on cancellation is made. This response typically includes presenting evidence or comments that argue against the cancellation.

                          

Grounds for Visa Cancellation

           

There are several scenarios where a NOICC may be issued, and they fall under a range of reasons defined by the Migration Act. Here are some common grounds for cancellation:

           
  •  Provision of Incorrect Information: Providing false or misleading information when applying for or during the course of holding a visa.
  •  False or Bogus Documents: Submitting fraudulent documents that are intended to deceive the Department of Home Affairs.
  •  Visa Condition Breaches: Not adhering to the visa conditions, such as staying beyond the permitted duration or working illegally.
  •  Failure of Business Skills Visa Holders: Not establishing or managing a business as required for certain business visas.
  •  Character Concerns: The visa holder may pose a risk to the Australian community, possibly due to criminal activity or behavior that conflicts with Australian values.
  •  Non-Compliance with Student Visa Conditions: Failing to meet the academic or attendance requirements set for student visa holders.
  •  Failure to Meet Regional Sponsored Migration Scheme (RSMS) Visa Conditions: Not meeting the work conditions, such as not commencing employment within six months or failing to complete the required two years of employment.
  • Change in Circumstances: If the circumstances that originally justified the granting of the visa no longer exist.     
It's important to note that the power to cancel a visa is discretionary, meaning the Department can choose not to cancel the visa even if grounds for cancellation exist. However, in certain cases, such as failure to comply with mandatory conditions, the Department must cancel the visa.
                          

What to Do if You Receive a NOICC

           

Receiving a NOICC means the Department of Home Affairs is considering canceling your visa. However, this doesn't mean the decision is final. You typically have five working days from receiving the notice to submit a response and present your case.

           

Steps to Take:

           
  1. Understand the Grounds: Review the reasons outlined for the cancellation carefully. It's important to determine whether they are valid or whether there has been a misunderstanding.
  2. Prepare Your Response: You must respond in writing, usually within five working days, providing arguments and supporting evidence as to why your visa should not be canceled. This can include documentation, statements, or any other relevant material.
  3. Consider the Impact: When preparing your response, the Department will consider various factors, including:                      
    • The purpose of your stay in Australia
    • Your compliance with visa conditions
    • Any hardship the cancellation may cause to you or your family
    • Your behavior towards the Department, past and present
    • Whether there are any international obligations that may affect the cancellation decision                  
                   
  5. Seek Professional Help: Navigating the response process can be complicated. It's crucial to work with experienced immigration lawyers, such as those at Bansal Lawyers, who understand the nuances of the law and can present a strong case on your behalf.      
                          

Consequences of Visa Cancellation

           

If the Department proceeds with the cancellation of your visa, and you do not have another valid visa, you will become an unlawful non-citizen in Australia. This means you will lose your right to stay in the country and may face detention and deportation unless you:

           
  • Apply for a new visa
  • Successfully appeal the cancellation decision through a tribunal or judicial review
  • Leave Australia voluntarily           
In some cases, if the cancellation is successful and you are an unlawful non-citizen, your chances of securing a new visa to return to Australia can be severely limited, especially if the cancellation was due to serious breaches.
                          

Get Professional Guidance with Bansal Lawyers

           

At Bansal Lawyers, we understand how distressing a NOICC can be. Our experienced team is here to assist you in drafting a compelling response to the Department of Home Affairs, ensuring that all potential grounds for cancellation are properly addressed.

           

Don’t risk a poor response. Seeking legal advice is crucial, as providing a response without proper guidance can lead to serious consequences. We can help you assess your situation, prepare the necessary documents, and present your case in the best possible light.

           

Contact us today to discuss your case. Our team of experts is here to guide you through every step of the process to secure the best possible outcome.