NOICC Notice of Intention to Consider Cancellation
Notice of Intention to Consider Cancellation (NOICC)
You Have Received a NOICC Here Is What It Means and What You Must Do
A Notice of Intention to Consider Cancellation (NOICC) is a formal document issued by the Department of Home Affairs advising you that your visa may be cancelled. It is a natural justice mechanism the Department is required to give you an opportunity to respond before a cancellation decision is made.
A NOICC is not a cancellation. It is a warning and critically, it is an opportunity. The response you provide to a NOICC is your most important tool for preventing cancellation from occurring. A silence can be treated as having nothing to say. A strong, well-documented response can prevent the cancellation entirely.
At Migration Republic, our MARA-registered agents specialise in preparing comprehensive NOICC responses that directly address every ground raised by the Department and provide the documentary evidence needed to support your case. Time is critical response deadlines are typically short and cannot be extended without exceptional circumstances.
Response timeframe
Silence = nothing to say
Be addressed directly
To prevent cancellation
Understanding the NOICC
What Is a NOICC and Why Have You Received One?
What the NOICC Tells You
A NOICC sets out the specific grounds on which the Department is considering cancelling your visa. It will identify the section of the Migration Act under which cancellation is being considered, the facts and information that have led the Department to this point, and the deadline by which you must respond.
Read the NOICC carefully and in full. Every ground, every fact, and every piece of information referred to in the NOICC must be addressed in your response. A response that addresses only some of the grounds — or that addresses them only generally without specific documentary evidence — will be significantly weaker than a comprehensive, evidence-based response.
Common Reasons the Department Issues a NOICC
- Criminal convictions or pending criminal charges in Australia or overseas — particularly where a sentence of 12 months or more is involved or where character concerns arise
- Evidence that conditions attached to your visa have been breached — for example, working in breach of work condition restrictions, or failing to maintain enrolment as required by a student visa
- Discovery that information provided in your visa application was false, misleading, or incomplete — even if unintentional
- You no longer meet the criteria that led to your visa being granted — for example, a relationship that formed the basis of a partner visa has broken down
- Concerns about your character under Section 501 of the Migration Act — including association with criminal groups or other conduct relevant to the character test
- Information from third parties that contradicts information provided in your visa application — for example, reports from former employers, ex-partners, or immigration authorities in other countries
Cancellation Grounds
Most Common NOICC Grounds — What Section Applies to You
| Migration Act Section | Ground for Cancellation | Key Considerations |
|---|---|---|
| Section 109 | False or misleading information in visa application | Applies even without intent to deceive — absence of intent is relevant to response |
| Section 116 | General powers — breach of conditions or no longer meets criteria | Broad ground covering many situations — specifics depend on which condition or criterion |
| Section 501 | Failure to satisfy character test | May be mandatory or discretionary — critical distinction for response strategy |
| Section 128 | Offshore cancellation while holder is outside Australia | Can occur at border point or while overseas — response options differ |
| Section 133A/133C | Mandatory cancellation — criminal sentence of 12+ months | No delegate discretion — response goes to ministerial level or review |
Responding to a NOICC
How to Respond Effectively to a NOICC
Read the NOICC in Full — Understand Every Ground
The first step is to read the NOICC carefully and identify every ground, every factual allegation, and every piece of information the Department has relied on. Your response must address each of these specifically and directly. A general response that does not engage with the specific grounds is far less effective than a targeted, ground-by-ground rebuttal.
Gather Documentary Evidence — Not Just Written Submissions
Written submissions alone are rarely sufficient. The Department expects documentary evidence to support your claims. Police clearance certificates, medical reports from treating specialists, evidence of completed rehabilitation programs, character references from credible community members and employers, and official records from courts or government agencies all carry weight. The quality and credibility of your evidence is as important as the arguments made in your written submission.
Highlight Compelling and Compassionate Circumstances
The impact of cancellation on your Australian-based family members — particularly Australian citizen or permanent resident children and partners — is a critically important factor in the Department's assessment. Evidence of your family members' circumstances, dependency, and the practical consequences of your departure must be documented clearly and compellingly. Statutory declarations from family members can be powerful evidence.
Demonstrate Community Ties, Contributions, and Future Compliance
Evidence of your long-term connections to Australia — employment history, community involvement, volunteer work, professional contributions, and ties to community organisations — demonstrates that you have built a genuine life in Australia. Alongside this, evidence of future compliance — particularly in condition breach matters — helps address the forward-looking question of whether cancellation serves the public interest.
Engage a Registered Migration Agent or Lawyer
A NOICC response is not a form to be filled in. It is a legal document that will be assessed by a trained decision-maker and may form part of the record in any subsequent AAT review or court proceedings. A response prepared or reviewed by an experienced registered migration agent — who understands what the Department looks for, what evidence is most persuasive, and how the relevant sections of the Act apply to your circumstances — will almost always be stronger than one prepared without professional assistance.
After Your Response
What Happens After You Submit Your NOICC Response?
No Further Action
The Department reviews your response and determines that cancellation is not warranted. No further action is taken and your visa remains valid. This is the best possible outcome and the goal of every NOICC response.
Visa Cancelled
The Department is not satisfied with the response and proceeds to cancel the visa. A formal cancellation notice is issued. Review options — AAT, Federal Court, or Ministerial Intervention — then become relevant depending on the type of cancellation.
Further Information Requested
The Department may request additional information before making a final decision. This is an opportunity to supplement your response — respond promptly and comprehensively to any further request.
Common Questions
Frequently Asked Questions
Received a NOICC? Act Now.
The timeframe to respond to a NOICC is typically short — often 28 days or less. A comprehensive, evidence-based response prepared by an experienced migration agent can prevent cancellation entirely. Do not delay — contact Migration Republic today and we will begin preparing your response immediately.
