Visa Cancellations & NOICC

What is a Visa Cancellation?

Visa cancellation is when the Department of Home Affairs decides to cancel your visa, either while you are in Australia or overseas. This can have serious consequences — including immigration detention, loss of work rights, or removal from Australia.

Before cancelling a visa, the Department may send you a Notice of Intention to Consider Cancellation (NOICC), giving you an opportunity to respond.

What is a NOICC?

A NOICC is a formal notice issued by the Department of Home Affairs to inform you that they are considering cancelling your visa. It allows you to respond in writing and provide evidence to explain your circumstances.

You must reply within the deadline – often 7 or 28 days, depending on your location and situation.

Common Grounds for Visa Cancellation

Legal Section Reason for Cancellation

  • Legal Section: s116 — Risk to public safety, misleading information, or breach of visa conditions

  • Legal Section: s107 — Breach of visa conditions (e.g. work limits, study attendance)

  • Legal Section: s109 — Visa granted based on incorrect or false information

  • Legal Section: s501 — Failing the character test (criminal record, risk to community)

  • Legal Section: PIC 4020 — Providing false or misleading documents or answers

Consequences of Cancellation

  • Immediate loss of visa status

  • Possible detention under immigration law

  • Ineligibility for certain future visas

  • Re-entry bans or exclusion periods

  • Risk of removal (deportation) from Australia

Responding to a NOICC – What You Can Do

    1. Act quickly – time is limited (7 or 28 days, depending on the case)
    2. Seek legal advice immediately from a migration agent or lawyer
    3. Prepare a strong written submission, including:
      • Explanation of events
      • Evidence of compliance or mitigating factors
      • Character references, support letters, health/mental health evidence
    4. Submit your response before the deadline
    • A well-prepared NOICC response can convince the Department not to cancel your visa.

    Can You Appeal a Visa Cancellation?

    • Cancellation under s116, s109, s107: ✅ Yes — Administrative Review Tribunal (ART)

    • Cancellation under s501 by a delegate: ✅ Yes — ART

    • Cancellation under s501 by the Minister: ❌ No review available — Minister’s personal decision

    • After ART refusal: ❗ Only judicial review if legal error — Federal Circuit and Family Court

    Frequently Asked Questions (FAQs)

    1. What should I do if I receive a NOICC?

    You should seek urgent professional advice and begin preparing a written response with supporting documents. Time is critical.

    Yes. The Department may consider hardship to your family, especially Australian citizen children or partners.

    No. The visa is not cancelled unless the Department makes a decision. A strong response may prevent cancellation.

    Yes. Your visa remains valid until officially cancelled. But you must continue to comply with your visa conditions.

    Yes. If your visa is cancelled, you may apply for a Bridging Visa E (BVE) to remain lawful. Work rights are not automatic.

    Ministerial decisions under s501 are not reviewable by the ART, but you may seek judicial review in some cases.

    📞 Need Help With a NOICC or Visa Cancellation?

    At Abbasi Migration & Citizenship Services, we handle urgent visa cancellation matters with care, precision, and urgency. Whether you’re dealing with a NOICC or your visa has already been cancelled, our MARN-registered agents will guide you with experience and compassion.

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