Notice of Intention to Consider Cancellation Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Your NOICC Response

NOICC Grounds Analysis & Strategy

We meticulously analyse the grounds for potential cancellation detailed in your NOICC and develop a tailored strategy for your response.

Evidence Gathering & Submission Preparation

Our team helps gather important evidence and prepares a strong submission to argue against your visa cancellation.

Timely & Effective NOICC Response Lodgement

We ensure your response to the NOICC is lodged correctly and within the strict time limits set by the Department of Home Affairs.

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We encourage a free 15-minute call to discuss your situation & map out a path to successfully responding to your NOICC.

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Understanding Your NOICC Notice

A Notice of Intention to Consider Cancellation (NOICC) is a formal alert from the Department of Home Affairs indicating grounds may exist to cancel your visa under the Migration Act 1958 (Cth). It is not a final decision, but a critical opportunity to respond.

Common grounds include providing incorrect information, breaching visa conditions, or character concerns. You typically have a very short time, often five working days, to submit a written response with arguments and evidence explaining why your visa should not be cancelled.

Why Choose Moya Migration Law for Your NOICC Response?

Responding to a Notice of Intention to Consider Cancellation (NOICC) is time-critical and complex. Moya Migration Law provides expert guidance, strategic preparation, and dedicated support to build the strongest possible case to prevent your visa cancellation.

Experienced in NOICC Responses

Our lawyers have extensive experience analysing NOICC grounds and preparing effective, evidence-based responses to the Department.

Client-Focused & Clear Guidance

We provide personalised support, explaining the NOICC implications and your response options in clear, plain English.

Strategic NOICC Submission Preparation

We develop tailored strategies to address the specific concerns in your NOICC, crafting robust submissions to protect your visa.

Timely & Compliant Responses

We understand the urgency and ensure your NOICC response is meticulously prepared and lodged within the strict, short deadlines.

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Our 5-Step NOICC Response Process

Receiving a Notice of Intention to Consider Cancellation (NOICC) requires immediate and strategic action. Moya Migration Law guides you through our clear process to prepare and lodge a robust response, aiming to prevent your visa from being cancelled.

1

Urgent NOICC Review & Consultation

We immediately review your NOICC, explain the grounds for potential cancellation, and advise on the urgent strategy for your response.

2

Evidence Strategy & Collection

Our team identifies crucial evidence needed to counter the Department’s concerns and assists you in gathering all relevant supporting documents.

3

Crafting Your Persuasive Submission

We meticulously draft a detailed written submission addressing each point in the NOICC, arguing why your visa should not be cancelled.

4

Final Review & Timely Lodgement

Your complete response, including submissions and evidence, is carefully reviewed and then lodged with the Department within the strict deadline.

5

Post-Submission Monitoring & Advice

We monitor for the Department’s decision on your NOICC response and provide clear guidance on the outcome and any subsequent steps.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your NOICC Response Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s urgent NOICC response. With over two decades in Australian migration law since 2002, Daniel offers expert guidance in strategically addressing potential visa cancellations.

Daniel is committed to providing clear, plain-English advice and developing robust submissions to protect your visa. He understands the stress of a NOICC and provides dedicated support throughout this critical process. Daniel also offers legal assistance in Spanish.

Frequently Asked Questions about Responding to NOICC

What is a NOICC?

A NOICC (Notice of Intention to Consider Cancellation) is a formal letter from the Department of Home Affairs stating they have grounds to cancel your current visa and inviting you to respond.

Can I appeal a NOICC itself?

You cannot appeal a NOICC directly, as it’s a notice, not a decision. You respond to it by providing written submissions and evidence to address the Department’s concerns.

What if my visa is cancelled after the NOICC?

If your visa is cancelled following a NOICC response (or no response), you may have the right to appeal that cancellation decision, often to the Administrative Review Tribunal, if valid grounds exist.

Will I be deported if I don't respond to a NOICC?

Failing to respond to a NOICC usually leads to visa cancellation, making you an unlawful non-citizen. You typically have 28 days to depart Australia after cancellation before facing potential detention and removal.

What's the success rate for NOICC responses?

Success rates vary greatly and depend on your specific circumstances, the issues raised in the NOICC, and the strength of your evidence and explanation in response.

How long does the NOICC response process take?

The Department specifies your response timeframe in the NOICC, usually between 5 to 28 days. After you submit your response, the Department will review it and generally decide shortly thereafter.

Can I stay in Australia while responding to a NOICC?

You can remain in Australia on your current visa while preparing and submitting your NOICC response. Your visa remains valid until a formal cancellation decision is made.

What if my visa is cancelled after the NOICC and I appeal?

If your visa is cancelled and you lodge an appeal within the allowed timeframe (often 28 days), you may typically remain in Australia while that appeal is being processed.

Can I get more time to respond to a NOICC?

You can usually request one five-day extension to the initial response period given in your NOICC. Further extensions are generally not granted.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.