Notice of Intention to Consider Cancellation (NOICC) Australia

What Is a Notice of Intention to Consider Cancellation?

A Notice of Intention to Consider Cancellation, commonly referred to as a NOICC, is a notification from the Department of Home Affairs advising a visa holder that cancellation of their visa is being considered.

A NOICC is not the same as a visa cancellation decision.

It provides an opportunity for the visa holder to respond to the Department before a cancellation decision is made, where the applicable cancellation process provides that opportunity.

The notice may identify:

• The visa held by the person
• The proposed grounds for cancellation
• Relevant information or allegations
• The migration legislation being considered
• The person's opportunity to respond
• The timeframe for providing a response
• Where and how the response should be submitted

Why Might Home Affairs Consider Cancelling a Visa?

The circumstances vary depending on the visa and the cancellation provision being considered.

Potential issues may include:

Breach of Visa Conditions

A visa holder may face cancellation concerns if they have allegedly failed to comply with a visa condition.

Examples can include:

• Working in breach of a work restriction
• Exceeding applicable work limitations
• Failing to comply with study requirements
• Breaching sponsorship-related conditions
• Failing to comply with other visa conditions

The exact conditions depend on the visa subclass and individual circumstances.

False or Misleading Information

Concerns about false or misleading information or documents can result in serious migration consequences.

This may involve information provided:

• In a visa application
• In supporting documents
• To the Department
• During another immigration process

The specific circumstances and applicable legal provisions need to be assessed carefully.

Character Concerns

Some cancellation matters involve Australia's character provisions, including section 501 of the Migration Act.

Character-related cancellation matters can have significant consequences and may involve separate procedures for mandatory cancellation, revocation or review.

Other Cancellation Grounds

Home Affairs may consider cancellation under other provisions of the Migration Act depending on the circumstances of the visa holder.

For this reason, it is important to identify the exact section or provision referred to in the NOICC rather than relying on general information about visa cancellation.

Is a NOICC the Same as a Visa Cancellation?

No.

A NOICC indicates that the Department is considering cancellation. It is not, by itself, a final cancellation decision.

The purpose of the response opportunity is to allow the visa holder to address the concerns before a decision is made, where natural justice applies.

The Department has explained that a NOICC gives a visa holder an opportunity to provide reasons why the visa should not be cancelled.

What Should You Do After Receiving a NOICC?

If you receive a NOICC, you should act promptly.

1. Read the Entire Notice

Carefully review:

• The reason for the proposed cancellation
• The allegations made against you
• The relevant legislation
• The evidence referred to by Home Affairs
• The response deadline
• The method for submitting your response

2. Identify the Cancellation Provision

Different cancellation provisions can have different requirements and consequences.

The response should address the specific legal basis identified in your notice.

3. Check the Deadline

The deadline in your NOICC is extremely important.

Do not assume that the response period is the same for every cancellation matter. Your notice should be checked for the exact timeframe that applies to your case.

4. Gather Supporting Evidence

Depending on the circumstances, evidence may include:

• Passport and visa documents
• VEVO records
• Employment records
• Payslips and tax documents
• Study and enrolment records
• Attendance records
• Employer letters
• Communication records
• Relationship and family evidence
• Character documents
• Police or court documents
• Medical evidence where relevant
• Evidence addressing alleged breaches
• Statements explaining your circumstances
• Evidence supporting your future compliance

5. Prepare a Clear Response

A response should directly address the concerns raised by Home Affairs.

Where appropriate, it may explain:

• What happened
• Why the alleged issue occurred
• Whether the allegation is correct
• Relevant circumstances
• Supporting evidence
• Any steps already taken to rectify the issue
• Your compliance with visa requirements
• Family and personal circumstances
• Any other relevant considerations

A response should be based on the facts and evidence of the individual case.

Can You Explain Why Your Visa Should Not Be Cancelled?

Yes.

Where the applicable cancellation process provides an opportunity to respond, the NOICC allows the visa holder to provide reasons and evidence explaining why cancellation should not occur.

Home Affairs specifically recognises that information provided in response to a NOICC can be considered when deciding whether to cancel a visa.

The response should therefore be treated as an important part of the cancellation process rather than as a simple administrative formality.

NOICC and Character Cancellation

Character-related matters can be particularly complex.

For example, section 501 of the Migration Act concerns visa refusal and cancellation on character grounds. Some section 501 and section 501CA decisions can later be reviewable by the Administrative Review Tribunal (ART), depending on the decision and the applicant's circumstances.

Mandatory cancellation under section 501(3A) has a separate revocation process. The ART states that it cannot directly review a mandatory cancellation under section 501(3A); the person must first apply to the Department for revocation.

Because character cases can involve strict deadlines and special procedures, professional assessment should be obtained as early as possible.

What Happens After You Respond to a NOICC?

After considering the response and relevant information, the Department may make a decision in accordance with the applicable legislation.

Depending on the circumstances, the Department may:

• Decide not to cancel the visa
• Proceed with visa cancellation
• Take another action available under the relevant legislation

If the visa is cancelled, the cancellation decision may contain information about whether the decision can be reviewed and how to seek review.

Can a Visa Cancellation Be Reviewed?

Potentially.

The Administrative Review Tribunal (ART) can review some visa cancellation decisions, but not all cancellation decisions are reviewable.

The Department's decision letter should explain whether you have a right to seek review and whether you are a person who can apply.

The ART states that it can review certain visa refusal and cancellation decisions made under the Migration Act, while some decisions, including certain personal decisions made by the Minister, cannot be reviewed by the Tribunal. Strict time limits apply.

This means that a NOICC response and a later ART review are different stages:

NOICC → Response to Home Affairs → Cancellation decision, if made → Possible ART review, if review rights exist

NOICC vs Visa Cancellation

What Documents Should You Provide?

There is no single document checklist that applies to every NOICC.

Documents should be selected based on the allegations and cancellation provision.

Potential evidence may include:

Identity and Visa Documents

• Passport
• Visa grant notice
• VEVO record
• Previous visa documents
• Department correspondence

Employment Evidence

• Employment contract
• Payslips
• Employer statements
• Rosters
• Tax records
• Superannuation records

Study Evidence

• Enrolment confirmation
• Academic records
• Attendance evidence
• Course completion documents
• Communications with the education provider

Character Evidence

Where relevant:

• Police certificates
• Court documents
• Character references
• Evidence concerning rehabilitation
• Other relevant supporting material

Personal and Family Evidence

Depending on the circumstances:

• Marriage or relationship evidence
• Children's documents
• Evidence of family responsibilities
• Evidence of Australian community connections
• Other relevant personal circumstances

What If the NOICC Relates to Workplace Exploitation?

Some visa holders may be concerned about visa cancellation after experiencing workplace exploitation.

Home Affairs has stated that certification of workplace exploitation by a relevant government entity or accredited third party can be relevant when considering whether to cancel a visa, and such evidence can be provided with other supporting material.

If your NOICC is connected with workplace exploitation, underpayment or another employment issue, your circumstances should be assessed carefully before responding.

Can a NOICC Affect Future Visa Applications?

A NOICC itself is not necessarily a visa cancellation.

However, the underlying circumstances may become relevant to future visa applications depending on what occurred and what decision is ultimately made.

Issues such as:

• Visa breaches
• False or misleading information
• Character concerns
• Previous cancellations
• Non-compliance
• Criminal matters

can potentially affect future immigration options.

A future visa strategy should therefore take your complete migration history into account.

How The Visa Can Help With a NOICC

A NOICC should be addressed carefully and within the applicable timeframe.

The Visa can assist with:

• NOICC assessment
• Cancellation risk assessment
• Review of the Department's concerns
• Assessment of applicable cancellation provisions
• Preparation of supporting evidence
• Response strategy
• Character-related migration matters
• Visa compliance issues
• Future visa pathway assessment
• ART review assessment where a cancellation decision has already been made

Our Registered Migration Agent Navneet Kaur (MARN 2318181) can assess your circumstances and explain the potential migration options available to you.

Received a Notice of Intention to Consider Cancellation?

Do not ignore your NOICC.

The response deadline and applicable cancellation provision are important. A carefully prepared response can allow you to address the Department's concerns before a cancellation decision is made, where the applicable process provides that opportunity.

Contact The Visa for a personalised NOICC and visa cancellation assessment.

Call: +61 430 077 714
Email: [email protected]
Website: thevisa.com.au

Important: This page provides general information only and does not constitute legal advice or guarantee a particular outcome. Visa cancellation law and administrative review procedures can be complex and may change. Your NOICC, applicable legislation and individual circumstances should be assessed before responding.