What is a NOICC?
A notice of intention to consider cancellation (NOICC) tells you that the Department of Home Affairs is considering cancelling your visa. It sets out the grounds and the information the Department is relying on, and invites you to respond before a decision is made. Your response is usually your best opportunity to keep your visa.
Common grounds for cancellation
The Migration Act 1958 gives the Department several cancellation powers. Common grounds include:
- Breach of a visa condition: for example, a work, study or other condition attached to your visa.
- Changed circumstances: the circumstances that allowed the visa to be granted no longer exist.
- Incorrect information: information given in an application, or a document provided, was incorrect, false or bogus. These cases can also raise PIC 4020 concerns.
- Risk to the community: your presence is or may be a risk to the health, safety or good order of the Australian community.
- Character: concerns under section 501. See character submissions.
How long you have to respond
The time limits are set by law and are short. For a cancellation being considered under section 116:
- If you are in Australia: generally 5 working days from when you are notified (regulation 2.44 of the Migration Regulations 1994).
- If you are outside Australia and the cancellation is being considered in Australia: generally 28 days.
- More time: an extension of 5 working days may be available on request.
Other cancellation powers, including character cancellations, have their own time limits, which are stated in the notice. Do not wait until the last day: if you need more time to gather evidence, ask for an extension in writing before the deadline.
What happens if your visa is cancelled
- If you do not hold another visa, you become an unlawful non-citizen and may be detained.
- For many cancellation powers, visas held by family members because they are part of your family unit are also cancelled (section 140).
- In Australia, section 48 may limit the visas you can apply for if you no longer hold a substantive visa.
- Some cancellations mean you generally cannot be granted certain visas for 3 years, unless compelling or compassionate circumstances apply (public interest criterion 4013).
- You may be able to seek review at the ART. The time limit is in your decision letter and cannot be extended.
Review and revocation
- Merits review at the ART: many cancellation decisions can be reviewed. The Tribunal looks at the case again and can affirm, vary or set aside the decision, or send it back to the Department. See ART appeals.
- Revocation of a mandatory character cancellation: if your visa was cancelled under section 501(3A) while you are in prison, you can request revocation within 28 days. See character submissions.
- Cancellation at the airport or outside Australia: separate procedures apply, with time limits stated in the notice, and some are very short.
How we help
- Urgent review of the notice: we identify the cancellation power being used, the information relied on and your deadline.
- Response and evidence: we prepare a clear written response with supporting evidence that addresses each ground and your circumstances.
- Protecting your options: we advise on your status, review rights and other visa options if the visa is cancelled.
- Review and revocation: we prepare revocation requests and represent you at the ART.
Frequently asked questions
Can I keep working while the Department considers cancellation?
Your visa stays in effect until it is cancelled, so its conditions continue to apply. Keep complying with every condition while the matter is considered.
Should I respond if the allegation is true?
Usually, yes. Most cancellation powers are discretionary, so the Department considers your response, including your circumstances, your ties to Australia and any family members affected. An honest, well-evidenced response can still make a difference.
My visa has already been cancelled. What now?
Act quickly. Your decision letter sets out whether the decision can be reviewed and the time limit. If you are in Australia and review is available, you may be able to apply to the ART. Contact us as soon as possible.
Will a cancellation affect future visa applications?
It can. Depending on the power used, you may face limits on the visas you can apply for in Australia and a 3-year exclusion period, and you must disclose the cancellation in future applications. Get advice before applying again.
Talk to a Registered Migration Agent
Cancellation matters move quickly. A strategy session with Tatsiana Pustavoit (MARN 1800880) gives you a clear view of the grounds, your deadline and your options. Consultations are held online via Microsoft Teams or by phone. Only the Department of Home Affairs, or the Tribunal on review, can decide your case, and no registered migration agent or lawyer can guarantee an outcome.