Notice of Intention to Consider Cancellation (NOICC) is a formal letter issued by the Australian Department of Home Affairs to visa holders. It serves as a notification that the department is considering canceling their visa due to potential breaches of visa conditions or concerns regarding their character or conduct.
Recently, there have been reports of international students in Australia receiving NOICC notices leading to concerns and uncertainties among the student community. These notices are typically issued when there are concerns or suspicions regarding a visa holder’s compliance with visa conditions, such as issues related to attendance, academic performance, work limitations, breach of AQF level condition mentioned on student etc.
However, it’s essential to note that receiving a NOICC does not automatically mean the visa will be canceled. It is a warning and an opportunity for the individual to respond and provide reasons or evidence to address the concerns raised by the government.
IN WHAT CIRCUMSTANCES HAVE NOICC BEEN ISSUED OR WHY ARE INTERNATIONAL STUDENTS RECEIVING NOICC?
NOICC can be issued to international students and other visa holders in Australia in various circumstances, as outlined in the Migration Act 1958. These include:
- Providing false or misleading information during the visa application process or fabricating documents can lead to NOICC.
- Submitting forged or altered documents to support a visa application can trigger NOICC as well.
- Failing to comply with the conditions of the granted student visa, such as maintaining satisfactory attendance in classes, meeting academic requirements, course/ university change or adhering to work restrictions, can raise concerns.
- For business skills visa holders, not establishing or actively participating in the management of the business they are sponsored for can result in NOICC.
- Demonstrating behavior that contradicts Australian values, engaging in criminal activities, or posing a threat to the community’s safety can lead to NOICC.
- Holders of RSMS visas who fail to commence employment within six months or complete two years of work with their sponsor may face NOICC.
- If the circumstances under which the visa was granted no longer exist, such as the student ceasing to be enrolled in the specified course, NOICC may be issued.
WHAT SHOULD INTERNATIONAL STUDENTS OR OTHER VISA HOLDERS DO AFTER RECEIVING NOICC?
Upon receiving NOICC, international students and other visa holders should seek immediate legal advice to understand their rights and options. They should carefully review the NOICC letter to identify the specific concerns raised by the department.
If you are an international student or other visa holder and have received a NOICC, it’s crucial to take immediate action. Here are some steps you should consider:
- Contact a qualified migration agent or a lawyer for guidance on how to respond to the NOICC. Seeking professional advice can help navigate the process effectively. You can contact Bansal Immigration as well for professional advice.
- Carefully read through the notice to understand the reasons for the intention to cancel the visa. Understanding the specific concerns raised will help you in preparing a good response.
- Collect and organize all relevant documents, such as academic records, character references, attendance reports, employment details (if applicable), and any other evidence that addresses the concerns raised in the notice.
- Craft a detailed and honest response addressing each concern raised in the NOICC. Provide explanations supported by evidence to demonstrate compliance with visa conditions and clarify any misunderstandings.
- Ensure that the response to the NOICC is submitted within the specified timeframe. Failure to respond within the given timeframe could result in the automatic cancellation of the visa.
- If the visa is canceled, international students and other visa holders have the right to appeal the Department of Home Affairs decision to the Administrative Appeals Tribunal (AAT).
FREQUENTLY ASKED QUESTIONS ABOUT NOICC AND THEIR ANSWERS
- Can NOICC/ Visa Cancellation be appealed?
Yes, international students have the right to appeal the decision. The appeal process involves submitting an application to the Administrative Appeals Tribunal (AAT), which is an independent tribunal that reviews visa cancellation decisions. The AAT will consider the evidence presented by the student and the Department of Home Affairs to determine whether the visa cancellation was justified.
- Will the Department of Home Affairs deport me back to my home country, If I fail to respond the NOICC?
If you fail to respond to a NOICC within the specified timeframe or if your response does not sufficiently address the concerns raised, the Department may proceed with canceling your visa. However, this doesn’t automatically mean immediate deportation.
International students and other visa holders in Australia still have the option to appeal the decision to the Administrative Appeals Tribunal (AAT).
- What is the success rate of appealing NOICC?
The success rate of appealing NOICC varies depending on the specific circumstances of each case. However, seeking legal representation from a registered migration agent or lawyer can significantly increase the chances of a successful appeal.
- How long does the NOICC process take?
The timeframe for the NOICC process can vary depending on the complexity of the case and the workload of the Department of Home Affairs.
- Can I stay in Australia while my NOICC appeal is being processed?
If you have lodged an appeal against the NOICC decision, you may be granted a Bridging Visa A, allowing you to remain in Australia while your appeal is being considered.
- Can I extend response time to NOICC?
If you have received NOICC (Notice of Intention to Consider Cancellation) from the Australian Department of Home Affairs, you may be able to request an extension of the response time.
- Can we withdraw the visa application?
You may be able to withdraw your application. However, please note that withdrawing your application may have implications for your future visa applications to Australia.
- Can I work on a Bridging Visa E (BVE) issued after visa cancellation?
Generally, Bridging Visa E holders might have limited work rights, and accessing government-funded services like healthcare might also be restricted.