Does the Department Give You a Chance to Respond Before Refusing or Cancelling a Visa?

It can be scary if the Department of Home Affairs (DoHA) refuses or cancels your visa without warning. However, that is simply not the case. In Australian administrative law, the Department is legally obligated to give you a chance to explain yourself before making a decision; this is known as procedural fairness, or natural justice.

In most cases, the Department must give you an opportunity to respond. However, there is one exception: mandatory visa cancellations, where the Department can cancel your visa without giving you a chance.

In What Circumstances Do You Have the Right to Respond?

Under the Migration Act 1958, the Department has structured processes to ensure applicants can address concerns, provide missing documents, or explain adverse information before a final decision.

Section 56 (s56) Request for More Information (RFI)

If your application is incomplete or the case officer needs more evidence to be satisfied you meet the visa criteria, they will usually issue a Request for More Information Section 56 (s56) letter. This is not an accusation; it is an opportunity to fix any deficiencies in your application, such as providing an updated police check, medical exam, or additional documents, within the required timeframe.

Section 57 (s57) Natural Justice Letter

If the Department discovers adverse information about you, it is legally obligated under a Section 57 (s57) Natural Justice letter to put that information to you before refusing the visa. For example, if the information you provided is false or misleading, if your relationship is fake, or if a background check reveals an undisclosed criminal charge, the Department must issue an s57 letter giving you limited time to comment on the allegations.

Notice of Intention to Consider Refusal (NOICR)

Similar to an s57 letter, a Notice of Intention to Consider Refusal (NOICR) is issued when the Department is leaning toward refusing your visa, often on complex grounds like the character test (s501) or public interest criteria 4020 (PIC 4020) for bogus documents. The notice will outline exactly why they intend to refuse the application and invite you to provide submissions arguing why they should not.

Notice of Intention to Consider Cancellation (NOICC)

If you already hold a visa, the Department cannot simply revoke it on a whim. If they believe you have breached your visa conditions (s116) or provided incorrect information on your previous application (s109), they must issue a Notice of Intention to Consider Cancellation (NOICC). This formal document outlines the legal grounds for the proposed cancellation and gives you a strict deadline, often as little as 7 to 14 days, to show that the grounds do not exist or that there is a good reason not to cancel your visa.

What is Mandatory Visa Cancellation?

There is a critical scenario where the Department is not obligated to give you prior notice or a chance to respond before cancelling your visa: mandatory cancellation under Section 501(3A) of the Migration Act.

If you are a non-citizen currently serving a full-time sentence in an Australian prison, your visa will be automatically and mandatorily cancelled without prior notice if:

You have a substantial criminal record, such as you have been sentenced to 12 months or more in prison; or
You have been convicted of a sexually based offence involving a child.

In these cases, the Minister or a delegate must cancel your visa immediately. You do not get a NOICC or a natural justice letter beforehand. You will simply receive a notification that your visa has already been cancelled. While you cannot stop a mandatory cancellation beforehand, you have a strict, non-extendable window to apply to revoke the cancellation. If you succeed, your visa is reinstated. However, the initial act of cancellation happens entirely without your input.

Do Not Ignore Departmental Notices

If you receive an s56, s57, NOICR, or NOICC, the clock is ticking. Missing the deadline means the Department will decide based only on the information it currently has, which may result in a refusal or cancellation.

Once you receive a letter from the DoHA, schedule a time with one of our Accredited Specialists in Immigration Law, Jason Ling or Angela De Silva, for professional assistance. Our team of immigration lawyers can help you prepare a strong legal submission and build evidence for the best chance of success.

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

How Can Agape Henry Crux Help

Two of our Accredited Specialists in Immigration Law , Jason Ling or Angela De Silva, at Agape Henry Crux specialise in highly complex visa matters. By acting quickly and providing an evidence-based response, you can avoid a visa refusal or cancellation. Schedule 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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