By Peter Toms, Principal Lawyer · Updated 12 November 2026
A Notice of Intention to Consider Cancellation (NOICC) is the Department’s formal notice that it is considering cancelling your visa. It sets out the Department’s concerns, the legal basis it is relying on, and the deadline to respond.
A NOICC is not a cancellation. It is your opportunity to respond before a decision is made, and in many cases it is the best chance you will have to keep your visa.
The short answer: read the notice carefully, note the deadline, and respond with evidence. The deadline in your letter is the one that counts, and it is often very short.
Deadlines
Response times are tight. Many onshore NOICCs give only a few working days, and the timeframe stated in your letter is the one that applies. If you need more time, ask for an extension straight away and explain why. Do not assume one will be granted.
Why the Department may cancel a visa
The most common grounds are:
- General cancellation powers (section 116). For example, where circumstances have changed since the visa was granted, a visa condition has been breached, there are concerns about identity, or the Department believes the visa holder is a risk.
- Incorrect information (section 109). Where information in an application or passenger card was incorrect, or information was not disclosed. This includes information given in the original visa application, which is why some permanent visas, such as 186 visas, are cancelled years later.
- Character (section 501). Where the Department considers that you do not pass the character test, for example because of a substantial criminal record or certain types of conduct.
In some situations, a visa can be cancelled without notice first, for example in some offshore or immigration clearance cases, or where the Minister acts personally. In those cases you usually receive notice after the decision about your options to seek revocation or review.
How to use your response window
Your response is your opportunity to address the concerns before a decision is made. A strong response:
- answers each concern directly, with dates, documents and context;
- corrects any errors in the Department’s information;
- deals with the legal test the Department has cited; and
- explains why, even if a ground for cancellation exists, the Department should exercise its discretion not to cancel. For example, because of the effect on your Australian family, employer or community, or other compassionate circumstances.
Keep the evidence relevant and consistent. Do not ignore gaps. Explain them plainly. Never provide anything inaccurate, because that can create a much bigger problem than the original concern.
Character cases
Character matters follow a different process. From 31 October 2026, a new Ministerial Direction (Direction 123) sets the factors decision-makers must weigh. Ties to Australia now carry less weight than before. If your NOICC involves character, get advice urgently.
Some character cancellations are mandatory, for example where a person is serving a full-time prison sentence and has a substantial criminal record. In those cases, the visa is cancelled first, and the person then has a very short time to ask for the cancellation to be revoked.
If your visa is cancelled
If you have no other visa, you become unlawful. You may be eligible for a Bridging Visa E to remain lawful while you seek review or make arrangements to leave, usually with restrictive conditions. If you remain unlawful, you can be detained and removed. Family members whose visas depend on yours can also have their visas cancelled.
Exclusion periods
A cancellation can also affect future applications through public interest criteria, sometimes called exclusion periods. For example:
- PIC 4013: a three-year exclusion period can apply after certain cancellations, including many under section 116.
- PIC 4014: a three-year exclusion period can apply if you leave Australia while unlawful, or while holding a Bridging Visa C, D or E.
- PIC 4020: where false or misleading information or bogus documents were given, a three-year exclusion period can apply, and a ten-year period can apply where identity was not established.
These can overlap. The ground for cancellation, your status when you leave, and the facts on file all affect which apply. Waivers exist but are narrow.
Review options
- Merits review at the Administrative Review Tribunal. Many cancellations made by a delegate can be reviewed. Deadlines are very short and depend on the type of decision, with character decisions among the shortest.
- Judicial review. If merits review is not available or is unsuccessful, the courts can set aside a decision affected by legal error. This is not a second merits review.
- Ministerial intervention. Rare and discretionary, usually only after other options are exhausted.
Practical pointers
- Read the NOICC carefully, and identify the legal ground and the facts relied on.
- Start gathering evidence immediately: court records, employer letters, identity documents, and evidence about your family and community ties.
- Keep your contact details up to date with the Department, so you do not miss correspondence.
- If information you gave previously was wrong, address it directly.
- Do not ignore a NOICC. If you do not respond, the Department will usually decide on the information it has.
Related guides
- ART appeals: how to appeal a visa refusal or cancellation
- Section 48 bar — what it is, when it applies, and how to plan your next steps
- The Employer Nomination Scheme (ENS) Subclass 186 Visa
How we can help
If you have received a NOICC, contact us immediately. The earlier we see it, the more we can do.
Book a consultation, email us at info@leytonstonelaw.com, or call +61 (02) 8114 4577.
Disclaimer: This article is general information only and is not legal advice. Immigration law and policy change often, and every case depends on its own facts. Please seek advice about your individual circumstances before making any decision.