NOICC & NOICR Help | Wintr Consulting

Navigating your NOICC or NOICR

Receiving a Notice of Intention to Consider Cancellation or Refusal can be frightening. We help you respond effectively to protect your visa.

Receiving a NOICC or NOICR can be one of the most frightening and stressful experiences you’ll face in your migration journey. With the right help, you can respond effectively, present your case, and prevent the cancellation or refusal of your visa.

Strict Deadlines

A NOICC notice will set a strict deadline to respond, often with as little time as 5 days. A NOICR notice may offer you a longer time to respond, often 28 days. If you fail to respond on time, it is likely the Department will proceed with the cancellation or refusal based on the existing information.

What is a NOICC/NOICR?

Both a NOICC and NOICR are formal notices from the Department of Home Affairs letting you know they have found, or unfavourable information has been presented to them which may be grounds in considering cancelling or refusing your visa. The notice sets out the reasons (or “grounds”) for cancellation or refusal and provides you a limited time to respond.

Often called an Invitation to Comment, this ensures applicants are given a chance to explain or clarify the information before a decision is made; this is known as procedural fairness.

Common Grounds for Cancellation/Refusal

Grounds	What it means	The Significance
Breach of visa conditions	Working more hours than allowed, not studying, no enrolment, overstaying, working for another employer.	These are frequent triggers for cancellation notices.
False/Misleading Info	If incorrect or fraudulent documents, statements, or information were provided during the visa process or subsequently.	The Department takes a strict approach toward ‘bogus’ documents and false information.
Character issues	Criminal offences, prison sentences, or conduct which fails the character test.	This can lead to mandatory cancellation, meaning less room for discretion.
Changed circumstances	The basis for your visa may no longer exist (e.g., sponsorship withdrawn, relationship breakdown).	If the Department believes the reason you were granted your visa is no longer valid, they may issue a NOICC.
Health/Security	New health issues, security risks, or threats to public order.	For serious concerns, the cancellation process may be expedited.

Who can help respond?

These are serious matters; it is simply not enough to respond with an emotional letter attached to an email. The response requires research, investigation, and an understanding of relevant Australian law to refute the cancellation.

Immediate Extension: Our immediate focus is requesting an extension of time, usually asking for as long as possible to allow ample time for preparation.
Deep Listening: We explore what led to the notice, your immigration history, personal/family background, and life events that contributed to the situation.
Evidence Gathering: By gaining a complete picture, we identify and gather the strongest possible evidence. All evidence is clearly labelled and categorically organised for persuasive readability.
Legal Submission: We draft a comprehensive legal submission responding point by point to every ground raised, relying on facts, legislation, policy, and compassionate circumstances.
Ongoing Support: We keep you updated. If cancellation proceeds, we provide guidance on merits review (ART) or judicial review.

Case Study: Responding to a NOICC

Scenario: Andrea* received a NOICC after the Department received information regarding a change in her relationship status. She had less than two days to respond.

Action: Wintr Consulting immediately secured a four-week extension. We worked with Andrea to gather relevant evidence and prepared a detailed legal submission addressing every issue.

Outcome: Twelve weeks later, Andrea was notified that the Department had decided not to cancel her visa.

*Names changed for client confidentiality.

Frequently Asked Questions

What is the difference between a NOICC and a NOICR?

A NOICC relates to a possible visa cancellation for an existing visa, while a NOICR applies when the Department intends to refuse a visa application that has not yet been granted.

Does receiving a NOICR or NOICC mean my visa is already refused or cancelled?

No. Both notices are part of the procedural fairness process. They give you a chance to respond before a decision is made.

Why would the Department issue a NOICC?

Common reasons for receiving a Notice of Intention to Consider Cancellation include breaching visa conditions, providing false or misleading information, failing to update personal details (such as relationship status), or concerns about character under section 501 of the Migration Act 1958.

How long do I have to respond to a NOICC?

The timeframe for your NOICC response depends on whether you are in or outside Australia, but it is usually very short. You must submit your response to the Department of Home Affairs by the deadline stated in your notice.

Can I ask for an extension to respond to my NOICC or NOICR?

Yes. You may request an extension of time to respond; this must be done as soon as possible. Migration professionals can assist in drafting a formal extension request.

What should I include in my NOICC or NOICR response?

Your submission should address each reason raised in the notice, include clear explanations, and attach supporting evidence. This might involve personal statements, proof of compliance, or documents explaining the circumstances that led to the issue.

What evidence can strengthen my NOICC response?

Strong NOICC evidence can include: Character references, Medical or psychological reports, Records of community involvement, Employment evidence, Proof of family or social ties in Australia. A migration agent can help you identify and present the most persuasive evidence for visa cancellation matters.

Can personal hardship and family ties be considered in a NOICC or NOICR response?

When reviewing your response, the Department of Home Affairs may consider compassionate or compelling circumstances, such as family relationships, hardship, or the social and psychological impact of visa cancellation or refusal on your life in Australia.

Will my visa remain active while I respond to the NOICC?

Yes. Your visa remains valid during the NOICC process, as long as the Department has not yet made a final decision. You must continue complying with your visa conditions throughout this period.

What happens after I submit my NOICC or NOICR response?

Once you respond, a case officer reviews your response and supporting evidence. They assess whether the grounds for visa cancellation still apply or whether the visa should not be cancelled or refused.

What if the Department requests more information after I respond?

If the case officer requests additional information, you must provide it within the timeframe given. Failing to respond could lead to an unfavourable visa cancellation decision.

Can I appeal a visa cancellation decision after a NOICC or NOICR?

In most cases, yes. If the Department proceeds with visa cancellation, you may be able to lodge an appeal to the Administrative Appeals Tribunal (AAT). Your right to review depends on the type of visa and the cancellation power used.

What are the consequences if my visa is cancelled?

If your visa is cancelled, you become an unlawful non-citizen, lose the right to stay lawfully in Australia, and may face immigration detention or removal. You may also be barred from applying for further visas while in Australia under section 48.

Can a cancelled visa be reinstated?

A cancelled visa cannot be reinstated automatically. However, if you succeed in a visa cancellation appeal or judicial review, the decision may be overturned, restoring your ability to remain in Australia.