Either you are worried that your visa maybe cancelled, or you have already been served with a
NOICC from the Department of Home Affairs, you will find this article helpful. When the Department of Home Affairs considers a cancelation of your visa, you will be issued
with a NOICC in most cases. NOICC will detail the reasons why the cancellation is being
considered and outline a limited time to respond. It is important to take your response seriously
as the outcome of this notice will depend on the information provided in your submission. We
strongly advised that you contact an expert as soon as possible to assist you with the process as
this will increase your chances of success. At Heenan and Browne Visa and Migration Services,
we have a team of experienced migration agents ready to assist.
When you are responding to NOICC, the following must be considered:
The power under which the visa cancellation is being considered. It is important to make sure the Department of Home Affairs applied the correct power to cancel your visa.
There are several powers the Department can use.
The grounds the Department of Home Affairs uses as a basis for your visa cancellation. It is important to make sure they considered the most appropriate ground/s and whether your circumstances are the grounds for cancelation.
Laws and policies they rely upon.
Whether the Department of Home Affairs followed proper procedures in issuing the
Whether the visa cancellation power is mandatory or discretionary.
Whether the grounds considered by the Department of Home Affairs are sufficiently made out or they can be challenged. If discretionary, what factors must the Department of Home Affairs consider in your favor.
A list of evidence to support your response.
The time limit to respond.
A legal basis to seek an extension of time to respond.
Any defects with the NOICC.
Information the Department of Home Affairs possess.
In most cases, we advise that you request under the Freedom of Information Act to retrieve all the information the Department maintains about you.
If your visa has already been canceled, you may still be able to appeal the Department’s decision at the Administrative Appeals Tribunal (AAT). Your visa cancelation notice will specify the timeframe within which you can lodge an appeal. If you miss the deadline, your review rights will cease.
Do not delay, seek help immediately if you find yourself in one of the above-mentioned situations.
