Notice of intention to Consider Cancellation
A Notice of Intention to Consider Cancellation (NOICC) is a formal notification from the Department of Home Affairs informing a visa holder that their visa may be cancelled. It provides the visa holder an opportunity to respond before a final cancellation decision is made.
What is a Notice of Intention to Consider Cancellation?
A NOICC is issued when the Department of Home Affairs is considering cancelling your visa. It outlines the reasons why cancellation is being considered and gives you a chance to provide information or reasons why your visa should not be cancelled before a final decision is made.
When is a NOICC issued?
The Department usually issues a NOICC if they believe there are grounds to cancel your visa, such as non-compliance with visa conditions, character concerns, providing false information, or other statutory reasons under the Migration Act 1958.
Your rights upon receiving a NOICC
Receiving a NOICC means you have the right to respond and present your case. You can provide evidence, explanations, or other relevant information to argue against the cancellation. This response can influence whether the Department proceeds with cancelling your visa.
How to respond to a NOICC
You should respond within the timeframe specified in the notice. Your response should address the reasons for cancellation and include any supporting documents or explanations. It is advisable to seek legal advice or assistance from a registered migration agent to prepare your response effectively.
What happens after you respond?
The Department will consider your response along with all relevant information before making a final decision. They may decide to cancel your visa or allow it to remain valid based on the merits of your case.
Consequences of visa cancellation
If your visa is cancelled, you may be required to leave Australia and could face restrictions on future visa applications. Cancellation on character grounds can lead to detention and removal.
Appeals and reviews
If your visa is cancelled, you may have the right to seek a merits review of the decision by the Administrative Review Tribunal (ART), except in cases where the Minister personally made the cancellation decision. Judicial review through the courts may be available if you believe there was a legal error.
Getting help
It is strongly recommended to seek legal advice or assistance from registered migration agents or community legal services to understand your options and prepare your response to a NOICC.
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