How to Deal with NOICC – Notice of Intention to Consider Cancellation

The Notice of Intention to Consider Cancellation (NOICC) is an official communication from Australia’s Department of Home Affairs alerting visa holders that their visa may be revoked due to potential violations of visa conditions or issues concerning their character or behavior. Recently, international students in Australia have reported receiving NOICC notifications, causing anxiety and uncertainty within the student community. These notices are generally sent out when there are doubts about a visa holder’s adherence to visa conditions, such as concerns about class attendance, academic performance, work limitations, or breaches of the Australian Qualifications Framework (AQF) level requirements for students. It is important to understand that receiving a NOICC does not automatically lead to visa cancellation. It serves as a caution and provides the individual with a chance to respond and present explanations or evidence to address the government’s concerns.

NOICC notifications can be sent to international students and other visa holders in Australia under a variety of conditions, as specified in the Migration Act 1958. These circumstances include:

Not adhering to the conditions of the student visa, such as maintaining the required attendance, meeting academic standards, changing courses or universities, or violating work restrictions, can raise concerns.

Business visa holders who fail to establish or actively manage the business they are sponsored for may receive a NOICC.

Engaging in activities that conflict with Australian values, committing crimes, or posing a threat to public safety can lead to a NOICC.

Providing false or deceptive information or using fake documents during the visa application process can result in a NOICC.

RSMS visa holders who do not begin employment within six months or do not complete two years of work with their sponsor may face a NOICC.

Presenting forged or altered documents to support a visa application can also trigger a NOICC.

If the original conditions for visa issuance no longer exist, such as a student no longer being enrolled in the specified course, a NOICC may be issued.

Upon receiving a NOICC, it is critical for international students and other visa holders to immediately seek legal counsel to understand their rights and options. They should carefully examine the NOICC letter to identify the specific concerns raised by the department.

If you are an international student or visa holder who has received a NOICC, taking prompt action is vital. Consider these steps:

Consult with an experienced migration agent or lawyer for advice on how to address the NOICC. Professional guidance can help you navigate the process. ACIC Melbourne team can help you with preparing to respond to NOICC by providing professional advice.

Thoroughly review the notice to understand the reasons behind the intention to cancel your visa. Comprehending the specific issues will aid in preparing an appropriate response.

Gather and organize pertinent documents, such as academic records, character references, attendance reports, employment details (if relevant), and any evidence that addresses the concerns outlined in the notice.

Craft a comprehensive and sincere response to each issue mentioned in the NOICC. Provide explanations backed by evidence to prove compliance with visa conditions and to clarify any misunderstanding. Submit your response to the NOICC within the designated timeframe. Failure to respond within this period could lead to automatic visa cancellation.

If the visa is cancelled, you have the right to appeal the Department of Home Affairs’ decision to the Administrative Review Tribunal (ART).

Why choose ACIC Melbourne Services?
At ACIC Melbourne Services, we are different from most agents who typically provide a cold, high-cost service. We have over 36 years of experience and a high success rate and will assist you through all steps of the application process to ensure you get the best possible outcome. If you have any questions or would like to contact ACIC Melbourne, please contact us.