What Is a NOICC?

When Can a NOICC Be Issued?

A NOICC may be issued to a visa holder in Australia for a variety of reasons. The Migration Act 1958 outlines several grounds for visa cancellation, including:

Providing incorrect, false or misleading information or circumstances no longer exist for visa grant 

Lodging bogus documents as part of your application (ie, bank statements, reference letters, ielts assessment etc)

Breaching visa conditions or failing to meet other legal requirements (ie. Student’s breaching condition 8105- work limitation, 482 visa holder breaching condition 8607).

Failure by business visa holders to establish or actively manage the nominated business.

The visa holder being considered a character concern under section 501 of the Act.

Student visa holders not meeting course attendance or satisfactory academic progress requirements.

Employer-sponsored visa holders (e.g. 186, 482, 494) failing to commence employment within six months or not completing the required two-year employment period.

What To Do If You Receive a NOICC

If you have received a NOICC, it is crucial to act quickly. The Department will usually provide a short timeframe — commonly five working days — from the date you are deemed to have received the notice to provide a written response.

• Your response must be in English, and you should provide detailed submissions and supporting evidence explaining why your visa should not be cancelled.

  When considering your response, the Department will assess factors such as:

  • The purpose of your stay in Australia.

  • Your visa compliance history.

  • Any hardship to you or your family if the visa is cancelled.

  • The circumstances in which the alleged breach occurred.

  • Your behaviour in dealings with the Department.

  • The impact on family members or others if your visa is cancelled.

  • Australia’s international obligations (e.g. protection or human rights considerations).

  • Any other relevant or compassionate factors.

Grounds for Visa Cancellation Under Section 116

A visa may be cancelled under s 116(1) of the Migration Act 1958 if:

• Changes in circumstances – The decision to grant the visa was based on facts or circumstances that no longer exist or never existed at the time of grant.
• Breach of visa conditions – The visa holder (or another person required to comply with a visa condition) has not complied with one or more visa conditions.
• Incorrect or misleading information – The visa was granted on the basis of false or incorrect information provided to the Department.
• Risk to the community – The visa holder’s presence in Australia is, or may be, a risk to public health, safety, or good order, or to the health or safety of an individual.
• Contravention of Australian law – The visa should not have been granted because its application or grant breached the Migration Act or another Commonwealth law.
• Student visa concerns – The visa holder is not a genuine student, or is found to have engaged (or is likely to engage) in conduct inconsistent with their student visa conditions.

 

Responding to a Section 116 Visa Cancellation Notice (NOICC)

If the Department of Home Affairs is considering cancelling your visa, you will usually receive a NOICC — a formal letter giving you the chance to respond in writing.

Your response should include strong legal arguments and supporting evidence explaining why your visa should not be cancelled.

Because section 116 cancellations are discretionary, the Department must assess all relevant factors, including:

your personal circumstances and visa history;

reasons for your continued stay in Australia;

any hardship cancellation may cause to you or your family; and

your past behaviour and level of visa compliance.

Section 501 Visa Cancellation – Character Grounds

Under section 501 of the Migration Act 1958 (Cth), the Minister for Immigration or a delegate of the Department of Home Affairs has the power to refuse or cancel a visa on character grounds.
This is one of the most serious forms of visa cancellation and can affect temporary visa holders, permanent residents, and even long-term migrants living in Australia.

If the Department believes you do not pass the character test, your visa may be cancelled under section 501, often with little warning.

Grounds for Visa Cancellation Under Section 501

A visa can be cancelled under section 501 if the visa holder:

Has a Substantial Criminal Record

This is the most common reason for section 501 visa cancellation.
It includes anyone who has been:

Sentenced to 12 months or more imprisonment (including suspended sentences), or

Found guilty of multiple offences leading to cumulative sentences of 12 months or more.

Has Been Convicted of Sexually-Based Offences Involving a Child

A conviction, finding of guilt, or even reasonable suspicion of such an offence can trigger mandatory visa cancellation under section 501(3A).

Committed Offences in Immigration Detention

This includes escaping from detention, assisting another person to escape, or committing any offence while in detention.

Is Associated with Criminal Organisations or Individuals

The Department may cancel a visa if it believes you are a member of, or associated with, a criminal group or individual engaged in unlawful conduct.

Is Involved in Serious International Crimes

Involvement in crimes such as genocide, war crimes, crimes against humanity, people smuggling, or people trafficking can result in visa cancellation under section 501.

Is Considered a National Security Risk

An adverse security assessment by the Australian Security Intelligence Organisation (ASIO) may lead to visa refusal or cancellation.

Is Subject to an Interpol Notice

If you are the subject of an Interpol Red Notice indicating a potential threat to the Australian community, your visa can be cancelled.

Fails the General Character Test

A visa can be cancelled if your past or present conduct leads the Minister to believe you are not of good character or pose a risk to the Australian community.

Ministerial Direction 110 and Character Test Considerations

When deciding whether to cancel a visa under section 501, the Minister or delegate must consider Ministerial Direction No. 110, which sets out:

The primary and other considerations for decision-makers,

The protection of the Australian community,

The expectations of the Australian public, and

The strength, nature and duration of your ties to Australia.

Responding to a Section 501 Notice

If you receive a Notice of Intention to Consider Cancellation (NOICC) or a Notice of Visa Cancellation under section 501, it is crucial to act immediately.

You will have limited time to respond, and your response must include comprehensive legal submissions and evidence addressing the character concerns raised.

 

Get Expert Help From Tolic Lawyers

At Tolic Lawyers, our experienced migration lawyers in Sydney specialise in assisting clients who have received a section 116 or s501 NOICC.

We can:

• Assess the grounds for cancellation and the Department’s legal reasoning.
• Prepare and lodge a comprehensive written response within the required timeframe.
• Represent you in communications with the Department of Home Affairs or the Administrative Review Tribunal (ART).

 

Review and Appeal Options

If your visa is cancelled, you may have the right to seek a merits review of the decision at the Administrative Review Tribunal (ART).
This right depends on the specific cancellation power s116 of Migration Act 1958 and whether you were in Australia at the time of cancellation.

If your visa is cancelled and you hold no other visa, you become an unlawful non-citizen and risk detention and removal from Australia unless another visa is granted or an appeal is lodged.

 

Received a NOICC? Time Is Critical

You may only have a few days to respond. Don’t risk visa cancellation due to an incomplete or weak reply.

📞Contact Tolic Lawyers now to book an urgent consultation and get expert help with your NOICC response.