Navigating A Notice of Intention to Consider Cancellation (NOICC) for Prospective Marriage (Subclass 300) due to Involvement with an Organisation
Background Story - NOICC on prospective marriage Visa (Subclass 300)
The client was an Ethiopian citizen who applied for a Prospective Marriage (Subclass 300) Visa in 2020.
However, in 2021, the client was appointed as a prominent figure in an organisation in his home country that aimed to reach democracy. Due to unforeseen circumstances, this organisation found itself embroiled in a violent situation. Mistakenly, none of this information was conveyed to the Department while his visa was being processed.
In 2023, his Prospective Marriage (SC 300) visa was granted.
The following year, the client received a Notice of Intention to Consider Cancellation (NOICC) from the Department on the basis of possible non-compliance with section 104 of the Migration Act.
The Law Around Updating The Department on Change Of Details
Section 104 of the Migration Act requires applicants to inform the Department of any changes in circumstances that may be relevant to their application.
This requirement extends to all visas applied to the Australian Department of Home Affairs.
Failure to comply with Section 104 may likely result in the cancellation of your visa, even if it has already been granted.
Our Approach and Our Success Story
We advised the client that it would be imperative for us to gather compelling evidence and documentation in order to construct a formidable and robust response to the Department.
We conducted thorough research on the history and initial objective of the organisation the client was a part of, and we determined that it was never intended to be associated with violence.
We delved deep into the history and political circumstances of the client’s country of origin and extracted previous case laws to further support the client’s circumstances.
Upon receiving sufficient evidence that we needed to corroborate our arguments in the client’s favour, we lodged a submission to the Department, meticulously addressing all relevant points.
Subsequently, the Department made a formal decision not to cancel the client’s visa. The Department noted that though non-compliance with Section 104 had occurred, the reasons presented in favour of the client keeping his visa outweighed the non-compliance.
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