What Do I Do After Receiving a NOICC or NOICR?
Receiving a Notice of Intention to Consider Cancellation (NOICC) or a Notice of Intention to Consider Refusal (NOICR) from the Department of Home Affairs can be daunting and unsettling. These notices often signal that your visa application or current visa might face issues related to eligibility or compliance. It’s natural to have many concerns at that moment, such as, “What can I do?” or “What are my next steps?” But don’t be alarmed; this notice provides you with a chance to respond appropriately and address your situation effectively.
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What are the Next Steps After Receiving a NOICC/NOICR?
We have broken down the key steps, how to assess your situation, and, most importantly, the critical steps you must take to respond and protect your visa. Taking action and being proactive can make all the difference.
Read through the NOICC/NOICR carefully:
Understand the reasons the department is considering cancelling or refusing the visa. The department usually states its reasons in the notices, such as section 501.
Respond to the NOICC/NOICR within the prescribed timeframe:
Depending on your visa subclass, you should have a limited time to respond to the Department. Please check your NOICC/NOICR letter to see how many days you must respond. Typically, you have at least 28 calendar days from the date of deemed receipt to respond.
You can use this time to prepare arguments and gather evidence to demonstrate why the visa should not be cancelled or refused.
Request an extension of time if needed:
You can request an extension if you require more than the allocated time to respond. Extensions should generally be granted unless the circumstances warrant a different timeframe.
Provide a comprehensive response:
Address all the issues raised in the NOICC/NOICR, submit any relevant evidence or information to support your case, and explain why the visa should not be cancelled/refused.
We highly recommend that you speak to an Accredited Specialist in Immigration Law. This process can be complex and technical, as it requires referencing legislation and case laws. Hence, it is best to have a legal professional assist you in strengthening your case.
Monitor the progress of the case:
Stay in contact with the department and respond promptly to any further requests for information.
If new adverse information is provided, you will be given an opportunity to respond to it.
To maximize the chances of a favourable outcome, engaging proactively with the department's process and providing a thorough, well-reasoned response within the prescribed timeframes is important.
What Happens After I respond to the NOICC/NOICR?
After you respond to the department, all you have to do is be patient and wait for a visa decision. Your visa may be granted, and all your work is worth it. Otherwise, your visa may be refused/cancelled. If it is the latter, your best next step is for you to seek professional assistance and appeal the decision to the Administrative Review Tribunal (ART).
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How Can Agape Henry Crux Help
The process of responding to a NOICC/NOICR can be strenuous and complex, as it requires the applicant to construct a technical and challenging response. Therefore, it is advisable that you contact Agape Henry Crux for our Accredited Specialist Immigration Lawyer(s). The team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You may 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.
