Notice of intention to consider cancellations

A Notice of Intention to Consider Cancellation (NOICC) is a formal notification issued by the Department of Home Affairs in Australia to inform a visa holder that their visa may be cancelled. The NOICC outlines the reasons for the potential cancellation of the visa and provides the individual with an opportunity to respond before a final decision is made.

  1. Reasons for Issuance: A NOICC is typically issued when the Department of Home Affairs believes there are grounds to consider cancelling a visa. These grounds may include, but are not limited to:
    • Breach of visa conditions
    • Failure to meet character requirements
    • Misrepresentation or false information provided in visa applications
    • Other circumstances that may warrant visa cancellation under Australian migration law.
  2. Contents of the Notice: The NOICC outlines the reasons for the potential visa cancellation and provides details of the specific grounds relied upon by the Department of Home Affairs. It also informs the visa holder of their rights, including the right to provide written submissions and any supporting evidence in response to the NOICC.
  3. Response Period: The visa holder is usually given a specified period of time to respond to the NOICC, typically around 28 days. During this period, the visa holder can provide written submissions and any relevant evidence to support their case and address the reasons outlined in the NOICC.
  4. Review Process: After receiving the visa holder's response, the Department of Home Affairs will consider all the information provided before making a final decision on whether to cancel the visa. Depending on the circumstances, the visa holder may have further options for review, such as appealing to the Administrative Appeals Tribunal (AAT).
  5. Impact of Visa Cancellation: If the visa is ultimately cancelled, the individual may become unlawful in Australia and may be required to depart the country. Visa cancellation can have significant consequences, including difficulty obtaining future visas to Australia and potential implications for eligibility for visas in other countries.

It's important for visa holders who receive a Notice of Intention to Consider Cancellation to seek legal advice and respond promptly and comprehensively to the notice to maximize their chances of retaining their visa.