Notice of Intention to Consider Cancellation (NOICC)
Have you received a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home Affairs? This is a serious matter that could result in the cancellation of your visa and immediate consequences for your ability to stay in Australia.
🔍 What Is a NOICC?
A NOICC is a formal notice issued by the Department when they are considering cancelling your visa. Common grounds include:
- Section 116: For reasons such as a change in circumstances, incorrect information, visa condition breach, or risk to the community
- Section 501: If you are considered not to meet the character test, often due to a criminal record or police matters
The NOICC gives you a limited opportunity (usually 5–7 days) to respond and explain why your visa should not be cancelled.
⚠️ What Happens If You Ignore It?
If you fail to respond or your response is inadequate, your visa may be immediately cancelled. This can result in:
- Detention or removal from Australia
- A re-entry ban for 3 years or more
- Severe difficulty obtaining future visas
We have assisted numerous clients in protecting their student visas, partner visas, 482 skilled visas, and resident return visas, following NOICCs and NOCCs.
🧭 How to Respond to a NOICC – Step-by-Step
If you’ve received a NOICC, here’s what you need to do:
- Do Not Delay – Check the Deadline
You only have a short time to respond. Late responses are generally not accepted unless exceptional circumstances apply.
- Understand the Grounds for Cancellation
Identify whether the notice refers to section 116 or 501. Read the reasons carefully, including any reference to criminal history, visa condition breaches, or false information.
- Seek Immediate Legal Advice
Responding to a NOICC requires expert legal knowledge. A generic or emotional response is not enough. At Tolic Lawyers, we will assess your case and develop a clear legal strategy.
- Gather Supporting Evidence
This may include:
- Character references
- Medical or psychological reports
- Court documents or sentencing remarks
- Evidence of rehabilitation or community ties
- Employment or family commitments in Australia.
📅 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.
