Received a NOICC – What Are Your Options?
Opening your email to find a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home Affairs (DoHA) can be a stressful experience. NOICC is a formal warning that DoHA has identified a reason to cancel your current visa. However, it is important to remember that a NOICC is not a cancellation. It is an invitation for you to explain why your visa should remain valid. You still have a chance to save your stay in Australia, but you must act quickly and strategically.
Related: What are the Visa Cancellation Procedure?
What Exactly is a NOICC?
A NOICC is a legal requirement under the Migration Act 1958. Before the government can cancel a visa, it must usually give you a chance to comment on the grounds for the potential cancellation. Common reasons for receiving a NOICC include:
Breaching of visa conditions, such as working more than your allowed hours on a Student (Subclass 500) visa.
Have a criminal conviction or a history of character concerns that do not meet the character test under Section 501.
If the Department believes you provided false information under Section 116 in a previous application.
Related: NOICC under Section 116 and 501 Cancellations. What’s the Difference and Why It Matters?
Immediate Step: Check the Deadline!
The most critical part of a NOICC is the response timeframe. Depending on the reason for the notice, you may have only 5 to 28 days to respond. In migration law, these deadlines are usually “hard” dates. Meaning, if you miss the deadline, the Department will proceed to make a decision based on the information they already have, which almost always results in a visa cancellation.
What Are Your Primary Options?
When you receive a NOICC, here are your primary options:
Speak with an Accredited Specialist in Immigration Law, such as AHC’s very own Jason Ling. An Accredited Specialist specialises in complex cases and identifies which legal arguments and evidence can be built for your legal submission as a written response. Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence.
This legal submission response is your best chance to save your visa. It must be supported by evidence, arguing that either the facts the Department has are incorrect, or there are compelling and compassionate reasons why your visa should not be cancelled.
Related: What Should You Consider When Responding to a Notice of Intention to Consider Cancellation (NOICC)?
If you need more time to gather complex evidence, such as court records, you may request an extension from the Department. Don’t do it by yourself! It is encouraged that you engage with an immigration lawyer to assist you with this request.
In some very specific cases, if a cancellation is inevitable and would result in a re-entry ban, a better option may be to leave Australia voluntarily. This is a high-risk decision and should be made only after speaking with an Accredited Specialist in Immigration Law.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
How Can Agape Henry Crux Help
If the Department has sent you a notice, do not wait until the last day; avoid unnecessary stress, money, and time. Seek legal advice on your visa situation from one of our experienced Accredited Specialists in Immigration Law at Agape Henry Crux. They can assist with your complex visa matter. You can schedule an appointment with Jason Ling or Angela De Silva, our Accredited Specialists, for professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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