If you receive a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home Affairs, it means the Department is considering cancelling your visa.
At this stage, your visa has not yet been cancelled, but you must respond within strict time limits.
Why Home Affairs Issues a NOICC
A NOICC can be issued for many reasons, including:
- Visa was granted based on a fact or circumstance that no longer exists
- Visa was granted based on incorrect facts
- Breach of visa conditions
- Another person’s non-compliance (in limited cases)
- Bogus documents or incorrect information
- Risk to public health, safety, or good order
- Identity concerns
- Non-genuine student activity
- Conduct not consistent with the visa purpose
- Incorrect information provided outside the visa application
- “Cash for visas” allegations
Related: Mandatory visa cancellations based on a substantial criminal record
What Happens After You Receive a NOICC (Overview)
In most cases, the process works like this:
- Home Affairs sends you the NOICC along with supporting documents (such as criminal history or allegations).
- Home Affairs asks you to comment on the information.
- Home Affairs prepares an Issues Paper and submits it to a decision-maker.
- The decision-maker will decide whether to:
- cancel your visa, or
- issue a warning instead
- You will receive either:
- a Notice of Visa Cancellation, or
- a warning letter
Even if you receive a warning, Home Affairs may still cancel your visa later if further issues arise.
How to Respond to a NOICC (Very Important)
The NOICC normally asks you to respond to two key questions:
Question 1: Do you pass the character test?
- You usually have 14 days to respond.
Question 2: Should your visa be cancelled?
- You usually have 28 days to respond.
Question 1 – “Do You Pass the Character Test?”
First, check whether the information Home Affairs provided is accurate.
If the criminal record is incorrect (for example, wrong identity, wrong sentence length, or missing context), you should respond immediately and include supporting evidence.
If you are currently appealing a conviction or sentence, you should notify Home Affairs. In many cases, the Department may delay a final decision until the criminal appeal is finalised.
Important: Even if you clearly fail the character test, you must still respond to Question 2.
Question 2 – “Should Your Visa Be Cancelled?”
This is the most important part of your response.
Even if you fail the character test, Home Affairs may still decide not to cancel your visa.
Your response should explain why cancellation is not justified, including:
- your personal circumstances
- your rehabilitation and future plans
- your ties to Australia
- the impact on your family (especially children)
- any risks you may face if removed from Australia
What Home Affairs Considers
Home Affairs makes decisions using Ministerial Directions and policy guidelines. While each case is different, the key considerations usually include:
1) Protection of the Australian Community
This includes:
(a) Seriousness of the offending
You should address:
- the type of offence
- the sentence imposed
- how long ago the offence occurred
- whether there were multiple offences
- any context that explains the circumstances
You should also show insight and accountability, especially if there were victims.
(b) Risk of re-offending
You should provide evidence of rehabilitation, such as:
- education or training completed
- drug and alcohol programs
- anger management or counselling
- psychologist or medical reports
- positive prison behaviour reports
- parole plans
- employment plans
- stable accommodation plans
2) Your Ties to Australia
Home Affairs often considers:
- whether you arrived in Australia as a child
- how long you have lived in Australia
- whether your close family members live here
- whether you have an Australian partner or children
- your work history and community involvement
3) Best Interests of Children
If you have children in Australia (especially Australian citizen children), Home Affairs must consider:
- the child’s age
- your relationship with the child
- how removal would affect the child emotionally, financially, and practically
- whether the child could realistically relocate with you
4) Human Rights and Risk on Return
In some cases, Home Affairs must consider whether removal could expose you to:
- persecution
- torture
- cruel, inhumane, or degrading treatment
This can be especially relevant for people with refugee backgrounds.
Supporting Evidence (Highly Recommended)
Strong NOICC responses usually include independent evidence such as:
- psychologist or psychiatrist reports
- medical reports
- parole or correctional centre reports
- certificates from rehabilitation programs
- character references (from people who know your history and still support you)
- employment offers
- accommodation letters
- evidence of family responsibilities
Time Limits (Do Not Miss These)
NOICC time limits are strict.
If you cannot prepare your response in time, you should request an extension as early as possible.
Even if the deadline has passed, Home Affairs must consider additional material if the decision has not yet been made, but you should never rely on this.
What Happens If Your Visa Is Cancelled?
If your visa is cancelled, you may have the right to apply to the Administrative Appeals Tribunal (AAT/ART) for review.
Strict deadlines apply.
Need Help Responding to a NOICC?
A NOICC is one of the most serious migration letters you can receive.
A strong response can be the difference between keeping your visa or being removed from Australia.
Contact Nexa Migration for a confidential briefing about your options.
