Notice of Intention to Consider Cancellation (NOICC)

Receiving a Notice of Intention to Consider Cancellation can be a daunting experience. This article aims to simplify the process and provide guidance on how to respond effectively.

What is the Notice of Intention to Consider Cancellation?

The Department of Home Affairs (DHA) may send you this Notice if there are concerns regarding your visa status. Along with the Notice, you may receive other documents, such as your criminal record. The DHA will ask for your comments on the provided information.

Common Reasons for Visa Cancellations:

• Visa granted based on non-existent or changed facts/circumstances.

• Non-compliance with visa conditions.

• Use of bogus documents or provision of incorrect information.

• Risk to public health, safety, or order.

• Visa grant that contravenes the law.

• Non-genuine students or unexpected conduct.

• Identity concerns.

• “Cash for visas” schemes.

• Mandatory cancellations due to substantial criminal records

The Process:

1. DHA’s Issues Paper: After collecting relevant information, DHA prepares an Issues Paper for a decision-maker.

2. Your Response: It’s crucial to write to DHA explaining why your visa shouldn’t be cancelled.

3. Decision: The decision-maker will review the Issues Paper and either cancel your visa or issue a warning.

4. Notification: DHA will inform you of their decision through a Notice of Visa Cancellation letter or a warning letter.

Responding to the Notice:

 

The Notice will ask two main questions:

1. Do you pass the character test? (14-day response time)

2. Should your visa be cancelled? (28-day response time)

Character Test:

• Verify the accuracy of the criminal record sent to you.

• If you have a “substantial criminal record,” you fail the test. However, you should still explain why your visa shouldn’t be cancelled.

• If the record is incorrect, provide evidence to DHA.

• If appealing a sentence or conviction, inform DHA.

Should Your Visa Be Cancelled?

This is your opportunity to present your side of the story. Explain the circumstances of your offenses, your background, and any mitigating factors. You can send information in multiple submissions until the deadline.

Factors DHA Considers:

DHA uses Ministerial Direction 41, which lists primary and secondary considerations. Primary Considerations:

• Protection of the Australian community.

• Your age when you arrived in Australia.

• Duration of your stay in Australia.

• Australia’s human rights obligations. Secondary Considerations:

• Family ties to Australia.

• Your age and health.

• Links to your country of origin.

• Potential hardship.

• Education level.

• Previous warnings from DHA.

Supporting Your Claims:

Provide independent evidence, such as medical reports, parole reports, and letters of support. Collect as many supporting documents as possible.

Time Limits:

Always adhere to the given time limits. If you need an extension, contact the National Character Consideration Centre (NCCC) promptly.

After Submission:

Stay in touch with the NCCC to stay updated. If your address or contact details change, notify the NCCC.

The NOICC is a vital tool in Australia’s immigration system, ensuring that visa holders adhere to the country’s standards and regulations.

Understanding the NOICC process is crucial for visa holders to navigate potential challenges and ensure their continued stay in Australia.

It is advisable to contact a legal professional or registered migration agent  to handle your NOICC process.