Any newsletter or warning from NOICC may be confusing and upsetting if you don't know what it is or what to expect from it. A NOICC notice is not always a cancellation of your visa, but sometimes it can be. It indicates that the Australian Department of Home Affairs is taking a look at annulling your visa and are providing you a chance to respond and voice your concerns prior to a final decision.
What you do next after you get an e-mail from NOICC is critical. Delivery of information and a timely can help the Department to understand you before the decision is made. This guide will tell you more about what a NOICC notice is, why you might provide such a notice, what to do if a notice is issued and how to write a good notice.
What Is a NOICC?
A NOICC (Notice of Intention to Consider Cancellation) is an official notice from the Australian Department of Home Affairs. Indicates to you that the Department is looking to cancel your visa due to some concerns. It isn’t a rejection of the visa, though. Rather, it provides you an opportunity for providing evidence and to explain your situation to someone that is deciding on the final decision.
Typically, a NOICC notice contains significant details and information you will need to understand about the situation, such as:
- The Department's suggested grounds for cancellation of your visa.
- The reasons cited for the possibility of canceling.
- How you can respond to the notice.
- May 15th, 2013 is the deadline for your answer.
This process is part of procedural fairness, that is, you are given the opportunity to state your side prior to a final decision by the Department.
Why Might You Receive a NOICC?
NOICC can be granted for various reasons depending on your visa and situation. Each case is unique and the notice will fully explain the reason for considering cancellation by the Department. Knowing why will help you in taking an adequate action.
Possible reasons include:
- Lying or giving false information when making a visa application.
- Breaching visa conditions.
- No longer in compliance with visa.
- Character case or criminal charges.
- Questions relating to documents or identity.
- Any change in circumstances which impact your eligibility for a visa.
If you have received a NOICC it is not necessarily an indication that the Department wishes to cancel your visa. Nothing more than that they are thinking about it and considering your opinion before they respond.
What Should You Do Immediately After Receiving a NOICC?
Receiving a NOICC can be worrying, but it is important to stay calm and take action as soon as possible. A NOICC does not imply that you have had your visa cancelled. Rather, it offers you the opportunity to make your comments before the determination by the Department of Home Affairs. The initial matters you deal with are vital and will impact the circumstance of your situation. Review the notice carefully, understand the content and prepare to timely respond to address the Department's concerns.
Read the Notice Carefully
The first thing to do is to read your NOICC carefully and from cover to cover. Read the notice, and do some research to find out what it means and why a decision has been made by the Department of Home Affairs to cancel the visa. As you draft your reply, take time to determine what is important to include in the notice:
- The grounds for your visa being cancelled.
- The Legal section referred to in the notice.
- List of documents or evidence on which the Department has based its actions.
- Time limit for reply.
- Directions on how your answer is to be picked the up.
Knowing what the Department is worrying about will assist you in preparing your response to the issues at hand.
Do Not Ignore the Deadline
Waiting too long to respond is one of the biggest ones which people often make. Each NOICC has a response deadline and failure to respond will result in the Department not considering your explanation.
Times of response may change depending on the case so remember to check the date that is actually in your notice. If your project calls for more time then you can request for an extension (note: there is no guarantee for extensions).
Gather Supporting Evidence
Once you have identified the issues which need to be addressed in your NOICC, start collecting evidence for how and why this is the case. The evidence you will need to provide will relate to your specific case and help with solving the issues mentioned in the notice. For your particular case this will include:
- Employment records.
- Study documents.
- Character references.
- Medical reports.
- Police clearances.
- Financial records.
- Identification documents.
Attach accurate, genuine, and pertinent documents to your NOICC only pertaining to the issues you raised.
Seek Professional Migration Advice
There are legal implications of visa cancellations. Talk to a registered migration agent or immigration lawyer at an early stage will give you guidance on your situation and give you the best overview to prepare a strong answer.
A professional can help read your notice, highlight any problems with it, outline your legal stance and guide you to draft a reply that will resolve each issue succinctly and with a degree of convincing power.
How to Prepare a Strong NOICC Response
Your response to a NOICC is the opportunity to provide an explanation about your situation prior to the final determination of the Department. Your reply should individually respond to each point made in the notice, instead of just making a general statement.
Make sure the response is clear and will address:
- Give succinct answers for each concern.
- Make corrections to inaccurate information.
- Speak truthfully about what you're going through.
- Explain why to not cancel your visa.
It is also important to keep your answer simple enough to be understood by the decision maker. Usually a persuasive argument is followed by evidence, makes a convincing appeal instead of emotional appeals, and doesn't include unsupported claims.
What Happens After You Submit Your Response?
After receiving your response, the Department of Home Affairs will take into account your explanation and, if appropriate, any evidence offered in support of your explanation in reaching its decision. This will depend upon the complexity of your case.
Possible outcomes include:
- No further action taken; card length of validity remains valid.
- The Department provides for further information.
- Your visa is cancelled.
If more information is needed, respond as promptly as possible and solicit and send all requested information within that time.
Common Mistakes to Avoid
There are a lot of small issues that many people make when they get their NOICC, probably due to lack of information on what to do. These errors will make your answer weaker than it could be made, and can impact the Department's decision. It's important to understand what you should not include so you can compose a robust and comprehensive response.
Common mistakes include:
- Ignoring the NOICC.
- Failure to either respond on time or in full.
- Providing incomplete information.
- Not responding to all the concerns that are contained in the notice.
- Waiting too late to consult a professional.
Early action affords opportunities to develop a complete and informed response.
Can You Appeal If Your Visa Is Cancelled?
You may have some options if you have had a visa cancelled by the Department due to their responses to your NOICC. This depends on the reason for the cancellation of your visa and the kind of visa that you hold. You have the right to make a complaint about a decision to refuse the visa using the Administrative Review Tribunal (ART) or other legal avenues.
Not all cancellations are provided with the right to review and there are normally time restraints. It's therefore well worth getting expert help right away after confirmation of cancellation so that you understand what you are able to do in your scenario.
How a Registered Migration Agent or Immigration Lawyer Can Help
A NOICC can be stressful, particularly if you don't understand what it is and don't know how to proceed with your response. It is imperative to understand the situation and respond appropriately to address concerns raised by the Department of Home Affairs, as each case is unique. A Migration Agent or immigration lawyer registered with the legal profession can provide information about the process, give you an understanding of what you're allowed to do and what you should avoid, and make sure your decision is clear and accurate, and accompanied by the proper evidence.
A migration agent or Immigration Lawyer can assist by:
- Providing justification for your NOICC.
- Reviewing your circumstances.
- Creating a thorough response.
- Gathering appropriate supporting documents.
- Submitting responses correctly and on time.
- If your visa is cancelled, offering you advise on options you have still.
You might want to make use of professional help to help clear up the points you make and to prevent any mistakes that may impact the outcome.
Conclusion
If you receive a NOICC you may be stressed but this does not necessarily mean the visa has been cancelled. This is a chance to give feedback to the DOHH and provide more details before they make a decision. Making early contact, knowing what the concerns are in the notice and responding with a clear, accurate and well-reasoned response could be a key to your case.
Achievement Education can help you when you face a NOICC. You can expect our team to help you understand your notice and your options and help you respond to it. Where migration advice is required, we work with Best Student Visa & Migration Consultant in Sydney, MARA-registered migration agents to provide professional migration assistance. We ensure you have the support you need to get a comprehensive and timely response from the experienced migration professionals with whom we work
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FAQs: What Should You Do After Receiving a NOICC Notice?
1. Does receiving a NOICC mean my visa has already been cancelled?
A visa being cancelled does NOT mean you have received a NOICC. It would convey that Department of Home Affairs is looking into cancelling your visa and would be offering you a chance to let them know why it should not cancel your visa and give them a chance to reconsider.
2. How long do I have to respond to a NOICC notice?
Each case is different and time to answer is specified under the terms of your NOICC. Look at the notice carefully and be sure to return your answer before the deadline so that it will be taken into account.
3. Can I ask for more time to respond?
Sometimes, there may be an opportunity of getting extra time, provided you need it. But, it cannot be assured that the extension would be provided, therefore it is better to make required preparations for the response timely than to delay it at the last moment.
4. What documents should I include with my response?
The documents to be included should enhance the explanation as outlined in your response. This can be, among other documents, employment records, or study records, or medical documents or financial documents or character reference documents or other documents that are related to the concerns listed in your NOICC.
