Refusal/Cancellation Cases
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Notice of Intention to Consider Cancellation (NOICC)
Receiving a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home
Affairs is a serious matter and should never be ignored. A NOICC means the Department is
considering cancelling your visa, but you are given the chance to respond and explain why your
visa should not be cancelled.
What Does a NOICC Mean?
You are usually given strict timeframes (often 7–28 days) to respond.
During this time, you remain a lawful visa holder.
If you do not respond within the timeframe, your visa may be cancelled automatically.
A well-prepared response can make the difference between keeping your visa or having it
cancelled.
Importance of a Strong Response
When replying to a NOICC, you must:
Provide evidence and explanations that directly address the concerns raised in the notice
Refer to relevant laws, policies, and case precedents
Highlight any compelling reasons (family ties, work, community contributions, hardship,
etc.) for why cancellation should not occur
A weak or incomplete response significantly increases the risk that the Department will proceed with
cancellation.
Why Seek Professional Help?
Responding to a NOICC requires careful preparation and knowledge of migration legislation.
Without proper guidance, you risk providing an inadequate response which may lead to visa
cancellation and serious consequences such as:
Becoming unlawful in Australia
Facing removal (deportation)
Difficulty applying for future visas
How We Can Help?
Analyse your NOICC in detail
Advise on the best strategy for response
Gather and present strong supporting evidence
Draft a comprehensive legal submission to the Department
Our goal is to help you avoid cancellation and remain lawfully in Australia. If you have received a
NOICC, time is critical – contact us immediately to book a consultation.
Visa Refusal or Cancellation – What Happens Next?
When your visa is refused or cancelled in Australia, it is a stressful and uncertain time. The first step
is to understand the legal consequences and what options remain available to you.
Section 48 Bar
If your visa application is refused or your visa is cancelled while you are in Australia, and you do
not hold a substantive visa (for example, you are on a Bridging Visa), then you become subject to
a Section 48 bar under the Migration Act 1958.
Being Section 48 barred means your options to apply for another visa onshore are very limited. You
cannot apply for most visas while in Australia. However, you may still apply for certain visas listed
in the regulations (Reg 2.12). These include visas such as:
Partner Visa (Subclass 820/801)
Protection Visa (Subclass 866)
Medical Treatment Visa (Subclass 602)
Child Visa (Subclass 802)
Skilled Nominated (Subclass 190)
Skilled Work Regional (Provisional) Visa (Subclass 491)
Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)
Bridging Visas and a few others
If you are not eligible for one of these visas, you will need to lodge your application offshore to
avoid the Section 48 bar.
Review Rights with the Administrative Review Tribunal (ART)
If your visa is refused or cancelled and your application was lodged in Australia, you may have the
right to appeal the decision to the Administrative Review Tribunal (ART).
• You generally have 28 days to lodge a review application and 7 Days if inside the
immigration Detention.
• Once you lodge your ART review, you may be granted a new Bridging Visa to remain lawful
in Australia until the Tribunal makes a decision.
• The Tribunal can either affirm the refusal/cancellation (agree with the Department’s
decision), set aside the decision, or remit the application back to the Department for
reconsideration.
Why Professional Representation Matters
At the review stage, the Tribunal will carefully examine whether the Department’s refusal or
cancellation was valid. You will need to provide strong evidence, detailed submissions, and clear
references to migration law to support your case.
Lodging an ART review without proper knowledge of migration law can increase the chances of
your refusal being affirmed. This not only extends the stress of the process but also involves
significant financial cost.
Our team at Visa 1 Migration specialises in handling refusal and cancellation matters. We can:
Assess your case in detail
Gather all relevant evidence
Prepare a strong legal submission with reference to legislation
Represent you before the Tribunal to maximise your chances of success
How We Can Help
If your visa has been cancelled or your application refused, contact our team today. We can help you
lodge an ART review application, prepare submissions, and guide you through your options,
whether onshore or offshore.
For more information on ART, visit their official website: Administrative Review Tribunal
(ART)
Need Help with Your Visa?
Let Our Experts Guide You Through the Process. Book a free consultation.
Call: +61 424 568 461
Email: info@visa1migration.com