A NOICC is the Department’s formal notice that it is considering cancelling your visa. It explains the concerns, the legal basis, and—critically—the deadline to respond. Timeframes are tight: you will usually have between 5 and 28 days to reply, with many onshore cases given only 5 working days. The deadline stated in your letter controls. Ask for an extension immediately if you need one and explain why.
Why the Department moves to cancel
General cancellation power — s 116. Used where circumstances have changed since grant, a visa condition was breached, incorrect information or bogus documents were used, identity is in doubt, or risk factors are alleged.
Incorrect answers — s 109 (ss 101–108). Engaged where answers in an application or passenger card were incorrect or information was withheld.
Character — s 501 (including mandatory 501(3A)). Applies where the character test is not met (for example, substantial criminal record, certain child-related offences, risk to the community). Some cancellations are mandatory while a person is in prison, with a separate, time-critical revocation process.
Note: In limited situations (for example, some outside-Australia or immigration-clearance decisions, or a personal Minister decision) cancellation can occur without prior notice. In those cases, you typically receive a post-decision notice about revocation or review.
How to use your NOICC window
Your response is your best chance to avoid cancellation. A strong submission:
- Answers each allegation with dates, documents and context, and corrects any errors in the Department’s record.
- Engages with the legal test that has been cited and, even if a ground technically exists, explains why discretion should be exercised not to cancel.
- Sets out consequences for Australian family, employers and community, and any compassionate factors and rehabilitation evidence where relevant.
Keep evidence consistent and relevant. Do not ignore gaps—explain them plainly. Never provide anything inaccurate.
If cancellation occurs
If no other visa is in effect, you become unlawful. You may be eligible for a Bridging Visa E to manage departure, review, or other immigration steps, usually with restrictive conditions. Detention and removal powers can apply if you remain unlawful. Linked family visas can also be cancelled.
Exclusion periods (re-entry bars). These can apply at future visa decisions via Public Interest Criteria (PIC) in Schedule 4 of the Migration Regulations:
- PIC 4013 — a three-year bar can apply after specified cancellations (commonly including many s 116 cancellations).
- PIC 4014 — a three-year bar can apply if you depart Australia while unlawful or holding a BVC/BVD/BVE.
- PIC 4020 — bogus documents or false/misleading information in a material particular can trigger a three-year bar; where identity was not satisfactorily established, a ten-year bar can apply. Waivers exist but are narrow.
These criteria are separate and can overlap. The ground for cancellation, your status at departure, and the factual record all matter.
Your review options
Merits review (ART). Many delegate cancellations are reviewable at the Administrative Review Tribunal. (ART). Deadlines are very short and vary by ground (character cases have some of the shortest). The ART re-decides the case on the facts and law.
Judicial review. If merits review isn’t available or fails, the courts can set aside unlawful decisions for jurisdictional error (legal error). This is not a second merits review.
Ministerial intervention. Rare, discretionary and only in the public interest, typically after other avenues are exhausted.
Practical pointers
Read the NOICC carefully and identify the legal ground and facts relied on. Move fast on evidence (court records, employer letters, identity corroboration, community impact, rehabilitation/treatment material). Keep your contact details current so you do not miss notices. If past information contains an error, front-foot it and explain. Get advice early—timeframes are unforgiving.
How Leyton Stone Law can help
We identify the legal ground, map the tests and discretion, and build a targeted response that addresses the allegation and the evidence. We prepare revocation and review cases, manage bridging-visa status, and plan for exclusion-period risks under PIC 4013/4014/4020 (including the ten-year identity bar). Where character is in issue, we align submissions with the current Ministerial Direction and your rehabilitation and community-impact evidence. If needed, we run ART reviews and can coordinate judicial review with counsel.
Disclaimer: The information in this article is general in nature and does not constitute legal advice. Immigration matters can be complex — you should seek advice from a registered migration agent or immigration lawyer about your individual circumstances before making any decision.
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