Is this your situation?
You received a letter from the Department of Home Affairs titled “Notice of Intention to Consider Cancellation” or similar wording. The letter says the Department is thinking about cancelling your visa and gives you a deadline to respond. You are not sure what to write, how to respond, or what evidence to include.
This is not a cancellation yet. But it is the most important letter you will receive in your migration journey, because how you respond determines whether your visa survives.
What a NOICC means
A NOICC is a formal step required under the Migration Act before the Department can cancel most visas. It means the Department has identified a specific reason they believe justifies cancellation and they are giving you the opportunity to explain why they should not proceed.
The notice will specify exactly what the Department is concerned about. It might say you breached condition 8105 by working more than 48 hours per fortnight, or that your enrolment was terminated, or that the information you provided in your application was incorrect. Whatever the ground, it is spelt out in the notice of intention.
Read the notice word by word. The grounds listed there are what you need to address. Everything else is secondary.
The deadline to respond
The NOICC will state a specific deadline. This is usually 28 days from the date of the notice but can be shorter in some circumstances. The deadline is fixed. Information received after the deadline may not be considered.
This means you need to gather your evidence, draft your response, and submit everything within the timeframe. If you are going to engage a migration agent to help, do it early in the period, not three days before the deadline.
How to prepare a strong response
Address every ground raised in the notice directly and separately. Do not ignore any of them. For each ground, explain the circumstances and provide supporting documents.
If the notice says you breached a work condition, explain what happened. Were you confused about the hours limit? Were you doing volunteer work that was incorrectly classified as paid employment? Did your employer roster you incorrectly? Provide payslips, rosters, and a statutory declaration from your employer if relevant.
If the notice relates to your enrolment being terminated, explain why and what steps you have taken. Have you re-enrolled? Did the education provider make an error? Is there a medical reason for your course interruption?
If there are compelling or compassionate circumstances that weigh against cancellation, include them with evidence. Long residence in Australia, Australian citizen family members (especially children), health conditions,
the impact cancellation would have on your family, and your contributions to the community are all relevant factors.
Preventing cancellation is better than reversing it
If your NOICC response is strong enough, the Department may decide not to cancel. This is the best possible outcome because it means your visa remains intact, no cancellation goes on your record, and you avoid the stress and cost of an ART review.
If the cancellation goes ahead despite your response, you then need to lodge an ART review within the deadline, which adds another layer of urgency and expense.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) and his team prepare NOICC responses regularly across a range of situations. Call 0416 965 968 as soon as you receive a NOICC. Do not wait.
FAQ
Q: Does receiving a NOICC mean my visa will definitely be cancelled?
No. It means the Department is considering it. A strong, well-evidenced response can and does result in the Department deciding not to cancel. But a weak or absent response almost always leads to cancellation.
Q: Can I continue working and living normally after receiving a NOICC?
Yes. Your visa remains valid until a cancellation decision is actually made. Continue meeting your visa conditions while you prepare your response. Breaching conditions after receiving a NOICC would make your situation worse.
Q: Can I request an extension of the NOICC response deadline?
You can ask, but the Department is not obligated to grant one. Do not count on getting an extension. Start preparing your response immediately.
