Notice of Intention to Consider Cancellation (‘NOICC’)
What Is Notice Of Intention To Consider Cancellation?
In general terms, a NOICC is a letter from the Australian Department of Home Affairs notifying you that the Department has some adverse/negative information concerning you (or your visa application); and, because of that adverse information, the Department is going to consider whether or not your visa should be cancelled. If you have received this notice, then consider it your last opportunity to convince the Visa Officer as to why your visa should not be cancelled. Do not ignore this notice or respond to it without proper preparation.
What Kind of Information May Result In Visa Cancellation?
Well, a visa may be cancelled for various reasons. For example, the following scenarios may lead to a visa cancellation:
If you were granted a visa based on certain grounds and those grounds no longer exist.
For instance, if you came to Australia on a Student visa and after landing in Australia you apply for an Onshore Protection Visa (subclass 866). You do not attend your classes or inform your university/college that you do not intend to study. Because you were granted a Student visa to study in Australia and now you do not intend to study, the Department may cancel your Student visa.
If you do not comply with your visa conditions.
If you provided false or incorrect information in your visa application or provided bogus documents to the Department of Home Affairs, your visa may be cancelled. Moreover, you may also be banned from entering Australia for 3 or 10 years.
If you commit an offence (or series of offences) and you are no longer able to satisfy the character test.
What You Can Do If You Have Received An NOICC?
More often than not a Notice of Intention to Consider Cancellation may require you to provide a detailed explanation. At times, such a (persuasive) explanation or supporting documents may or may not be available to provide to the Department of Home Affairs. In any case, the importance of a well-thought, well-planned, detailed yet honest response to a NOICC cannot be overrated. This may be your ONLY chance to submit a persuasive explanation to the Case Officer to convince him/her to NOT cancel your visa.
Seeking assistance from migration professionals (e.g., Immigration Lawyers and Australian Registered Migration Agents) in similar circumstances is always a reasonable thing to do. Hence, you assess your own ability, experience, and knowledge of Australian Immigration Laws and policy and weigh the benefits of responding to the NOICC on your own against seeking professional advice and assistance. Of course, these professionals cannot guarantee you a positive outcome but there is no comparison between the experience of an individual who is dealing with such an NOICC for the first and the experience of a professional who deals with such scenarios on a more regular basis. Remember, it is often much easier and cost-effective to get something right from the beginning than ‘fixing’ it at a later stage.
Before responding to a Notice of Intention to Consider Cancellation, you must consider and collect all the information and evidence that may strengthen your response/explanation. Always provide correct, accurate, and up-to-date information and only genuine documents.
Before submitting the information and documents, title/name them properly. Also, anticipate how the case officer will look at that information and how will he/she interpret it. Remember, provide what is required. Avoid providing irrelevant information/documents.
When completing any relevant applications and forms etc. (if there are any), you must think about why you are expected to make a particular statement in your response/explanation? Why a particular question has been asked in an NOICC? (Remember: most of the statements and questions are in the NOICC for a reason).
Again, seek professional assistance to maximise your chances of success in securing your desired outcome in AAT Appeals.
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