What to do if you receive a Notice of Intention to Consider Cancellation (NOICC)

Receiving a notice of intention to consider cancellation (NOICC) can be stressful and overwhelming. The Department of Home Affairs has the power to cancel visas for a range of reasons. In this article, we’ll focus on cancellations under section 109 of the Migration Act — and what you should do if you receive a NOICC under section 107.

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What is section 109 of the Migration Act?

Under section 109, the Department can cancel your visa if they believe you provided incorrect information in your current or a previous visa application. This could include failing to update your circumstances before your visa was granted. For example, if you got married but did not notify the Department, this may be considered incorrect information. Immigration may consider that you have not complied with section 101, section 102, section 103, section 104, or section 105 of the Migration Act 1958.

Why acting quickly matters

If you receive a NOICC, strict deadlines apply.

• Permanent visa holders usually have 14 days to respond.

• Temporary visa holders often have even less time, sometimes just 7 days.

Once your response period ends, a delegate can make a decision to cancel your visa — so it’s critical to act without delay.

What the department considers when deciding

When reviewing your response, the Department will weigh up several factors, including:

• Your current circumstances

• The nature of the non-compliance

• How long ago the non-compliance happened

• Your contributions to the Australian community

• Any other reasons your visa should not be cancelled

A strong response will address these factors clearly and provide evidence where possible.

Consequences of cancellation

If your visa is cancelled under section 109, all other visas you currently hold will also be cancelled. For example, any bridging visas linked to your main visa would end. This would make you an “unlawful non-citizen” without a valid visa to remain in Australia.

When cancellation may not be pursued

It’s important to note that not every case of incorrect information leads to cancellation. For example, if your partner passed away and you did not notify the Department because you were arranging the funeral, policy guidelines say that a NOICC should not be issued in such compassionate circumstances.

Next steps

If you’ve received a NOICC, seek advice as soon as possible. Preparing a strong, timely response could be the difference between keeping and losing your visa. At Mandeville Migration, we can help you understand your options, prepare your response, and put forward the best possible case.