Notice of Intention to Consider Cancellation (NOICC) & Notice of Intention to Consider Refusal (NOICR)
It doesn’t matter if the visa you are holding is permanent or temporary; once you receive your visa grant, there may still be the unfortunate possibility that your visa may be cancelled. As each visa matter is unique, a visa cancellation/refusal scenario that may occur is the applicant may receive a Notice of Intention to Consider Cancellation (NOICC) or Notice of Intention to Consider Refusal (NOICR) letter from the Department of Home Affairs with an intention to cancel or refuse their visa. However, be aware that the applicant is only given a limited period to respond.
Related:
What are the key differences between NOICC and NOICR?
The key difference between a Notice of Intention to Consider Cancellation (NOICC) and a Notice of Intention to Consider Refusal (NOICR) is the purpose of the letter. Otherwise, the procedural requirements are largely the same.
Differences between NOICC and NOICR:
NOICC is issued before cancelling a visa.
For NOICC, a notice is not required if the Minister proposes to cancel the visa under sections 501(3) or 501(3A).
NOICR is issued before refusing to grant a visa.
For NOICR, a notice is not required if the Minister proposes to refuse the visa under section 501(3).
Similarities of NOICC and NOICR:
The response time for both NOICC and NOICR is limited, and the non-citizen must also be given a limited time to respond. Ensure to check the response period as stated on the letter.
The National Character Consideration Centre (NCCC) is responsible for processing all NOICC and NOICR cases.
What are the reasons for issuing a NOICC or NOICR?
Some common reasons that the applicant may receive a NOICC or NOICR could be because of the following:
Visa approval is contingent on facts or circumstances that no longer exist.
Visa approval is based on non-existent facts or circumstances.
Breach of visa conditions.
Non-compliance by another person.
Visa approval breached legal standards.
Dishonest students and behaviours not expected by the visa.
Unverified identity.
Incorrect information was provided outside the visa application.
“Cash-for-visa” schemes.
What is the timeframe for an Applicant to respond to a NOICR or NOICC?
Regulation 2.53 specifies the timeframe for a visa applicant to respond to a NOICR or NOICC. This regulation requires that the applicant's response regarding whether they pass the character test be received within 14 calendar days after the date of deemed receipt of the NOICR or NOICC.
Can the response timeframe be extended?
Nonetheless, in the interest of natural justice, applicants are usually allotted 28 calendar days from the date (this period may differ for different visa subclasses) of considered receipt to respond regarding exercising discretion in refusing or cancelling their visa. If needed, the visa applicant can request an extension of this response period.
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How Can Agape Henry Crux Help
The appeal process requires constructing a technical and challenging process for an applicant, so it is best that you contact Agape Henry Crux for our Accredited Specialist Immigration Lawyer(s). The team of immigration lawyers specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
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