I Received a Notice of Intention to Refuse – What Happens Next?

Receiving an email from the Department of Home Affairs (DoHA) to find a Notice of Intention to Consider Refusal (NOICR) is incredibly stressful. However, remember that this letter is not a final refusal. The Department must provide you with procedural fairness. The case officer has identified a reason they cannot grant your visa, but they are giving you an opportunity to address their concerns before making a final decision.

Why Did I Receive a Notice of Intention to Consider Refusal (NOICR) Letter?

A NOICR is issued when DoHA holds adverse information about your application that you might not be aware of, or when the case officer is not satisfied that you meet a specific legal criterion. Some common reasons to trigger a NOICR include:

The Department suspects you provided a bogus document, false information, or misleading information, and may refuse your visa application under Public Interest Criterion (PIC) 4020.
The case officer does not believe your intentions are genuine. This frequently occurs with the Genuine Student (GS) requirement for the Student (Subclass 500) visa, the Genuine Temporary Entrant (GTE) requirement for temporary visas, or the genuine position requirement for Employer-Sponsored visas.

You may have failed the medical examination and do not meet the health requirement (PIC4005/4007), or you may have a criminal history that triggers a character concern.

What Happens Next? Your Next Action

As soon as you receive an NOICR, the countdown starts. How you handle the next few weeks will likely determine your visa application's outcome. Read: What do I do after receiving a NOICC or NOICR?

The letter will clearly state a strict response deadline. This deadline is hard to extend. If you fail to respond within the timeframe, the case officer will decide based only on the information they have, which can result in visa refusal.
Do not guess what the Department is concerned about; read the letter carefully. You must address the exact legal criteria the case officer is questioning. For example, if they doubt the genuineness of an employer-sponsored position, providing more evidence about your personal qualifications won’t solve the problem; you need to prove the business actually needs the role.
An emotional plea asking the Department to grant your visa will not work. You must address their concerns with objective, documentary evidence. Depending on the allegations, this might include specific additional and/or updated evidence, such as detailed bank statements or financial records, statutory declarations from independent third parties, employment contracts, medical specialist reports and more.
We highly suggest that, if you are in this scenario, you schedule a Migration Planning Session (MPS) consultation with one of our Accredited Specialists in Immigration Law and engage professional assistance to prepare a strong legal submission to explain to the delegate why their concerns have been satisfied and the reason to grant your visa.

What are the Risks of a DIY Response?

Responding to a NOICR is highly technical. If you provide the wrong type of evidence or accidentally admit to a breach, your visa can be refused, and you may face a visa ban. If the visa is refused, your only remaining option is usually to appeal to the Administrative Review Tribunal (ART), assuming you have review rights.

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

How Can Agape Henry Crux Help

Speak with one of our two Accredited Specialists in Immigration Law , Jason Ling or Angela De Silva, at Agape Henry Crux. They specialise in highly complex visa matters, especially responding to the Department’s letters. By acting quickly and providing an evidence-based response, we can help many applicants overcome these concerns. Consider arranging a consultation with us for tailored professional advice and guidance on your next best step. You can book a consultation with us 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 and in the 2027 edition of The Best Law Firms™ - Australia.

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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