Received a NOICR – What Are Your Options?
If you are an employer sponsoring overseas workers or a visa holder linked to a business, receiving a Notice of Intention to Consider Refusal (NOICR) is a serious matter. It is important to understand that a NOICR is not a final refusal. Instead, it is similar to a Natural Justice (S57) letter. The Department of Home Affairs (DoHA) is telling you that they have found a reason why they might refuse your application, but they are giving you one last chance to explain why they shouldn’t refuse your visa application.
What Exactly is a Notice of Intention to Consider Refusal (NOICR)?
A NOICR is a formal notification sent by a case officer when they believe an application does not meet the legal criteria for approval. The Department will place your application on hold while awaiting your response. If you provide a strong, evidence-backed explanation, the application may still be approved. If you ignore it or provide a weak response, the visa application will be refused.
Why did I receive this NOICR Notice?
Common reasons to issue a NOICR include:
The Department may be questioning the genuine need for your employer-sponsored visa application.
DoHA may doubt the business can afford to pay the sponsored worker’s salary.
If the case officer finds false or misleading information in the visa application, they issue a NOICR under Public Interests Criterion (PIC) 4020.
There was adverse information on the nomination or visa application.
The visa applicant does not meet the health or character requirements.
The Strict Deadline
The most critical part of a NOICR is the response timeframe. Usually, you are given a set number of days on a case-by-case basis to provide your comments and evidence. These deadlines are strictly enforced. If your response is even one day late, the case officer will proceed to refuse the application based on the information they already have.
Related: What Do I Do After Receiving a NOICC or NOICR?
What are Your Options When You Receive a NOICR?
If you received a NOICR, it is highly recommended that you get professional advice from an Accredited Specialist in Immigration Law and engage a professional for assistance.
Your primary way to prevent a potential refusal is to provide a detailed legal submission. This process is highly technical, and engaging a professional immigration lawyer to assist you in preparing a formal letter as a legal submission is highly recommended. The legal submission must present new evidence and elucidate how you meet the specific criteria mentioned in the notice by referring to the migration policy and law.
Related: Evidentiary Building Explained: Working with an Immigration Lawyer
Additionally, if you need to gather complex evidence, you can engage a professional to request an extension for more time. You must have a valid reason for the delay, and DoHA is not legally required to grant the request.
Lastly, in some cases, if the grounds for refusals are impossible to overcome, it may be better to withdraw the application before a formal refusal is made. This can sometimes help avoid further complications on your immigration record. However, you should never withdraw without first seeking professional advice, as this can affect your legal status.
Why You Need Professional Assistance?
Responding to a NOICR is a high-stakes task. The case officer has already expressed doubt about your case, so a simple letter is rarely enough to change their mind.
An immigration lawyer who specialises in these matters knows how to identify the legal gaps the case officer is worried about. They can help you present your evidence in a way that directly satisfies the Department’s requirements.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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How Can Agape Henry Crux Help
Don't leave your future to chance. If you have received a NOICR, Jason Ling or Angela De Silva at Agape Henry Crux. Our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers to seek 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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