Notice of Intention to Consider Cancellation
Department of Home Affairs (DOHA) will usually issue you Notice of Intention to Consider Cancellation (NOICC) if you either do no meet or breach following Sections of the Migration Act 1958:
- Section 109 – Cancellation of Visa for Incorrect Information
- Section 116 – Power to Cancel
- Section 134 – Business Visa Cancellation
- Section 137J – Non-complying Student
- Sections 501 – Character Grounds
In considering cancelling your visa, DOHA must assess all factors under the relevant Direction. The factors which DOHA must consider are not exhaustive but briefly listed below:
- Protection of the Australian community from criminal or other serious conduct
- Whether the conduct engaged in constituted family violence
- The best interests of minor children in Australia
- Expectations of the Australian community
- Your time in Australia
- Contribution to the Australian community
A NOICC is a formal notice that is issued by the Department of Home Affairs to you, which informs you that the DOHA is considering cancelling your visa. The notice will generally outline the grounds for cancellation and provides you with an opportunity to respond to the grounds to explain your circumstances and reasons why you should be allowed to remain in Australia.
It is a stressful and critical situation when you receive NOICC notice but you need to act fact due to time frame to respond. It is important that you are well-represented and detailed submission with strong evidence must be submitted to have a chance to save your visa.
