It is the Department’s interest to provide visa holders with an opportunity to present arguments in relation to their case to prevent visa cancellation.
- Your response to the NOICC is your opportunity to tell the Department the reasons why your visa should not be cancelled and why you should be allowed to stay in Australia.
- Your Aim should be to provide enough and convincing arguments in your response to a NOICC.
- A Notice of Intention to Consider Cancellation will include:
- Details of the nature of alleges activities.
- Evidence(s) or information held by the Department.
- An invitation to comment and present arguments and evidences to support your case.
- The time limit and method of response.
- The Department uses Ministerial Direction No.65 when assessing your response to the Notice of Intention to Consider Cancellation.
Circumstances under which NOICC can be issued?
There are a few situations where a NOICC may be issued to a visa holder in Australia
The Migration Act 1958 contains a number of different bases for visa cancellation Australia which include:
- Provision of incorrect information
- Provision of bogus documents or false information to mislead the Department.
- Visa conditions being breached or other requirements not being met.
- Failure of a business skills visa holder to establish the business or participate in management.
- Circumstances in which the visa was granted no longer exist.
- Character concern of a person.
- A student visa holder does not meet the attendance of the course/ or academic performance visa condition.
- The holder of a Regional Sponsored Migration Scheme (RSMS) Visa either did not commence work within six months, or did not complete two years of employment with their employer.
What to do when you receive a NOICC?
- Prior warning is given to the visa holder in most cases by the Department’s intention to cancel the visa, and an opportunity to respond.
- Response must be in English and everything possible must be presented to the Department to win your case.
- The time frame to response varies and in most cases the time given is 5 working days from the day you are perceived to have received the NOICC.
- Response must be received by the Department within a time-frame given with all relevant evidences which you may wish to submit.
Basis of delegate decision:
Once the dateline is over, a decision will be made by the delegate based on whatever information which the Department has.
The delegate will take into account mattered such as:
- the reason of your travel to or stay in Australia;
- the extent of your visa compliance with any visa conditions;
- the degree of hardship which may be caused to you and any family members if the visa is cancelled;
- the circumstances in which the ground for cancellation arose;
- your behavior in relation to the department, presently and on previous occasions;
- If there are any persons in Australia whose visas would, or may be cancelled if your visa is cancelled;
- whether there are any mandatory legal consequences to a decision to cancel your visa such as detention and removal from Australia;
- whether Australia has obligations under relevant international agreements that would be breached as a result of the cancellation decisions; and
- Any other relevant matters.
If a visa is cancelled, and the person does not have another valid visa, the person becomes an unlawful non-citizen and loses their right to remain in Australia.
They will be detained unless they are able to apply for and be granted another visa, seek review of the cancellation decision, or leave Australia voluntarily.
Got a Notice of Intention to Consider Cancellation?
If you have got a Notice of Intention to Consider Cancellation of your visa, you may like us to help discuss your options so as to give a solid and a good response within the given timeline to the department.
We will help you with checklist of evidence and documents which need to be submitted as part of your response to the Department.
****How can we assist you? Please call our number mentioned on the website