What Should You Consider When Responding to a Notice of Intention to Consider Cancellation (NOICC)?
Received a Notice of Intention to Consider Cancellation (NOICC) recently and facing the possibility of a visa cancellation? It is best to understand what the Department of Home Affairs (DoHA) evaluates so you can effectively address them and build a compelling response.
Related:
What are the Primary Considerations for NOICC?
Protection of the Australian Community
DoHA evaluates the seriousness of your offences and your risk of reoffending while keeping public safety as a priority. To facilitate the assessment, it is best to be transparent and honest in providing detailed information about the nature of your crimes and sentences (e.g., personal struggles, addiction, or mental health issues) and supporting evidence of rehabilitation demonstrating your commitment to change. Emphasise specific steps taken to reform community ties, such as work, volunteer contributions, or support networks and how they have impacted your life.
Connection to Australia
If you arrived in Australia as a child, particularly during your formative years, please explain the circumstances surrounding your arrival. Discuss your family ties, highlighting your role in supporting your loved ones both emotionally and financially. Additionally, explore your integration into the local community, mentioning any community services or organizations you have been involved with, friendships formed, and cultural experiences that have shaped your identity in Australia.
Australia's Human Rights Obligations
DoHA should consider international agreements. Explain how your removal might affect the children in your care or whether returning to your home country exposes you to persecution or danger. This could include previous threats or discrimination. Also, explain why it is risky for you to return home for your safety.
What are the Secondary NOICC Considerations?
Family and Community Ties
Describe your family connections in Australia, including Australian citizens, and note any emotional or financial support they might need from you. For example, if you are in a relationship with your Partner, especially if they are an Australian Citizen or permanent resident (PR), or if you are a carer for an extended family member who is an Australian citizen or PR, elaborate on how you provide support including emotional, day-to-day care, etc.
Hardship Upon Return
Examine the difficulties you might encounter, including limited access to social security, healthcare, or education in your home country. Go into detail on how heading back to your country of origin may be difficult for you and if you have a growing family. Examples could be the transition will be difficult due to language barriers or lack of essential access. If safety is your concern, elaborate on how discrimination is and if you have any risk of persecution if you have to return home.
Personal Circumstances
Share details about your age, health, education level, and other important aspects influencing your reintegration into your country of origin. One of the scenarios could be that if your skills are highly specialised and not yet recognised in your home country, you can explain how this can be a roadblock to support yourself.
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How Can Agape Henry Crux Help
As long as your answer is true and honest, leave the technical and challenging submission response process for Agape Henry Crux to assist you. If you are unsure if your circumstances are strong enough as evidence, speak with our Accredited Specialist Immigration Lawyer(s). The team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
