Receiving a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home Affairs (DoHA) is a serious matter that requires your immediate attention. These notices or letters signals that your visa is at risk. Today, we will discuss on the specific section of the Migration Act 1958 under which the NOICC is issued – influences your potential response and options.

What is a Notice of Intention to Consider Cancellation (NOICC)?

A NOICC is a formal letter from DoHA stating that they are considering cancelling your visa. It outlines the reasons for the potential cancellation and provides you with an opportunity to respond and address the concerns as to why your visa should not be cancelled.

Section 501 (s501) NOICC: Character Grounds

Section 501 of the Migration Act specifically deals with “character test” for visa refusal or cancellation. All visa applicants and holders must satisfy and maintain the character requirement. A s501 NOICC is issued when DoHA believes the individual fails the character test, this can be due to:

Having a substantial criminal record includes a term of imprisonment for 12 months or more (or multiple terms totalling 12 months or more).
Past criminal conduct, even if not leading to a substantial record, such as convictions for violent offences, sexual offences, or serious fraud, is considered.
Associations with individuals or organisations involved in criminal conduct.
General conduct that indicates you are not of good character, such as a history of domestic violence, drug offences, or others.
Risk to the Australian community (e.g., suspicion that you may engage in criminal conduct, harass, molest, intimidate or be a danger).

A NOICC is extremely serious; if your visa is cancelled under s501, it carries severe consequences, including:

A mandatory visa cancellation under Section 501.
A possible visa ban from Australia.
A significant impact on future visa applications.

What About Section 116 (s116): Broader Grounds for Cancellation?

Section 116 provides broader grounds for visa cancellation, covering a range of issues beyond the character test. A s116 NOICC can be issued for reasons such as:

If you breach a condition of your visa (e.g., working more hours than allowed on a student visa or failing to meet study requirements, overstaying a visa and others).
Suppose it is found that you gave false or misleading information or bogus documents in your visa application. In that case, it can trigger Public Interest Criteria (PIC) 4020 for visa refusal and cancellation under Section 116 if the visa has been granted based on that false information.
If the circumstances that led to the visa being granted no longer exist (e.g., a Partner visa where the relationship has genuinely ended, and no exceptions like the family violence provision apply).
If you become a risk to public health in Australia.

While a NOICC under s116 is serious, it often has different implications compared to a s501 NOICC, such a PIC4013 and section 48 bar.

What are the Key Differences Between s501 and s116, and Why They Matter?

Feature	Section 501 NOICC	Section 116 NOICC
Grounds	Solely character-related issues (criminality, risk to community)	Broader grounds (breach of conditions, false info, cessation of grounds, health)
Severity	Generally more severe, can lead to mandatory cancellation & visa bans	Serious, but consequences can vary
Focus	Your suitability as a person	Your compliance with visa rules or ongoing eligibility
Consequences	Mandatory cancellation often possible, visa bans, severe future visa restrictions	Visa cancellation, re-entry bans (e.g., 3-year PIC 4013/4014), Section 48 Bar
Waiver Options	Very limited, high threshold for success	More potential for waiver arguments, depending on the breach

What to do if You Receive a NOICC?

If the Department determines you pose a risk under s501 or sometimes s116, the consequences can be:

Contact an Accredited Specialist in Immigration Law - Jason Ling, who can assess your specific situation, interpret the law and advise on the legal grounds for cancellation. The representation can help build evidence and prepare a strong legal submission to support a strong response.
Respond within the strict timeframe provided.
At the same time, collect all relevant documentation and supporting evidence to support your claim.
If you attempt to hide information and are not honest, it will almost always be more detrimental to your visa application than to disclose it and address it upfront.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

At Agape Henry Crux, both our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva - specialise in handling highly complex matters and can provide their expertise on your specific possible NOICC visa matter. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us to schedule a time at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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Overcoming NOICC and Visa Cancellation