Notice of Intention to Consider Cancellation: How to Respond

If you have received a notice of intention to consider cancellation of a visa, it means the Department of Home Affairs is considering cancelling your visa and you have a limited time to respond. It is often called a NOICC. Acting quickly and responding properly can make an important difference. This article explains what the notice means and how to approach a response.

What is a notice of intention to consider cancellation?

Under the Migration Act 1958, the Department generally must give a visa holder notice and an opportunity to respond before it cancels a visa on certain grounds. The notice sets out the grounds the Department is considering and invites you to give reasons why your visa should not be cancelled. It is not a cancellation decision, but it is serious.

Common reasons for a notice

• Breach of visa conditions: for example, work limits on a student visa, or failure to maintain enrolment or attendance where required.
• Incorrect information: the Department believes that information given in a visa application was incorrect, or that a bogus document was given.
• Sponsorship changes: an employer sponsor has stopped sponsoring or the employment has ended.
• Relationship breakdown: a partner relationship on which the visa was based has ended.
• Character concerns: in other cases, a different process may apply, such as under section 501.

The notice will normally identify the section of the Act. Read it carefully, as the legal test and the available responses differ from one ground to another.

How long do you have to respond?

The notice states a deadline, which can be as short as a few days and varies with the ground and the circumstances. The time is counted from the date the notice is taken to be received, which may depend on how it was sent. Check the deadline on your notice and diarise it immediately. If you cannot meet it, ask the Department in writing for an extension before the date passes, giving reasons.

Step by step: how to respond

1. Read the notice: identify the ground, the facts the Department relies on and the deadline.
2. Get your file: request your visa documents and review what the Department holds.
3. Respond to each allegation: address each ground clearly, explaining the facts and providing evidence.
4. Explain your circumstances: include evidence that supports why cancellation should not happen, such as family ties, length of stay, hardship or the steps you have taken to comply.
5. Attach evidence: include documents such as pay slips, enrolment letters, medical certificates or statutory declarations where relevant.
6. Lodge on time: follow the method set out in the notice and keep proof of lodgement.

Tips for a strong response

• Be honest and consistent. Misleading statements can make matters worse.
• Be specific. Dates, documents and clear explanations are more persuasive than general statements.
• Keep the response focused on the ground in the notice.
• Check that your address is current with the Department so you receive notices.

What happens next?

The decision-maker considers your response and decides whether to cancel the visa. If the visa is cancelled, you will receive a notification explaining your rights, which may include seeking review at the Administrative Review Tribunal, within strict time limits. Cancellation can also affect your ability to stay in Australia lawfully and your future visa applications. For example, you may need to apply for a bridging visa or be required to leave Australia.

Why early advice matters

Responding to a notice involves legal tests and strict timeframes. A lawyer can help assess whether the Department's allegations are correct, prepare a submission and plan around other visa options. Nobody can promise a particular result, but a well-prepared response gives the decision-maker the full picture.

Protecting your position while you wait

While your response is under consideration, keep complying with your visa conditions and avoid making changes that could complicate the matter, such as leaving employment or enrolment without advice. Keep a copy of everything you send and receive, including emails and envelopes where relevant. If someone else, such as a migration agent, employer or education provider, was involved in your original application, collect their records as well. Be careful about contacting the Department informally without keeping notes of what was said, since written records are easier to rely on later.

Frequently Asked Questions

Is a notice of intention to consider cancellation the same as a cancellation?

No. It is a warning that the Department is considering cancellation and an opportunity to respond. Your visa generally remains in effect until a decision is made.

Can I get more time to respond?

You can ask the Department for an extension in writing before the deadline expires. Extensions are not guaranteed, so you should still prepare to respond on time.

Do I need to attend an interview?

Usually the response is made in writing, but the Department may contact you for further information. Respond to any such request promptly and keep a record.

What if I miss the deadline?

The Department may proceed to decide the matter without your response. Contact a lawyer immediately if you have missed a deadline, as there may still be options.

This article is general information only and is not legal advice. Laws and processes change, and every situation is different. Speak to a lawyer about your circumstances before you act.