If you receive a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home Affairs, the first thing to understand is that your visa is still in effect. The Department is telling you it is considering cancellation and inviting you to respond within a set period. Whether and how you respond often directly affects the outcome. The most important step is to check the response deadline immediately and not ignore or delay it.

Key points

• A NOICC is not a cancellation decision; it is an opportunity to respond (natural justice).
• The response deadline is stated in the notice and is usually short. It must be strictly met; if you genuinely need more time, request an extension in writing before the deadline expires.
• Common grounds include breaching visa conditions, providing incorrect information, and the circumstances on which the visa was granted no longer existing.
• Your response should address the specific grounds set out in the notice, attach evidence, and explain the impact cancellation would have on you and your family.
• 签证在澳洲境内被取消，多数情况下可向行政审查法庭（ART）申请复审，但期限很短。

Why might the Department consider cancelling a visa?

《1958年移民法》（Migration Act 1958）规定了多种取消签证的理由。较常见的情况包括：

• 违反签证条件：例如学生签证出勤或学业进度不达标、超时工作，或雇主担保签证持有人长期未为担保雇主工作。
• Incorrect or misleading information or documents were provided in the application, including failing to disclose information.
• The circumstances on which the visa was granted no longer exist, for example the student has withdrawn from study or the sponsoring relationship has ended.
• Character issues，例如被捕、被控或被判刑。品格方面的取消通常依据第501条，程序和审查途径与一般取消有所不同。

The notice will set out the legal provision relied on and the specific facts. Read each point carefully and keep the notice, envelope or email so you can confirm the date you received it.

Response deadlines and extensions

The response period is stated in the notice and, depending on the ground and how the notice was given, may range from a few working days to several weeks. Notices sent by email are usually taken to be received on the same day. If you need time to obtain overseas documents, medical evidence or school records, request an extension in writing as early as possible and explain why, but do not assume it will be granted. Even if your documents are incomplete, lodge a response within the deadline and explain what will follow.

How to prepare your written response

An effective response usually has two parts. The first addresses the ground itself: are the facts correct, and is there a reasonable explanation? For example, was low attendance caused by illness, and is there a medical certificate? Was excess work caused by a rostering error, and do payslips show this? The second part recognises that even if a ground exists, the Department has a discretion not to cancel, so explain your circumstances: your time and ties in Australia, the interests of family members (especially children), financial commitments, hardship you would face on return, and any corrective steps you have taken.

Everything in your response must be truthful. Providing false material to keep a visa can lead to more serious consequences, including refusal of future visa applications. Chinese-language documents must be translated into English.

If the visa is cancelled: ART review and other consequences

Since 14 October 2024, the former Administrative Appeals Tribunal (AAT) has been replaced by the Administrative Review Tribunal (ART). If your visa is cancelled while you are in Australia, in most cases you can apply to the ART for review, but the time limit is strictly set by law, is shorter for people in immigration detention, generally cannot be extended once missed, and an application fee applies. During review you may need a bridging visa to remain lawfully in Australia.

签证被取消还可能带来其他后果：在澳洲境内再申请其他签证会受到限制，部分情况下今后若干年内申请某些签证也会受影响。因此，在收到NOICC阶段就认真回复，通常比事后补救更有效。

Action checklist after receiving a notice

• Note the date you received the notice and the response deadline.
• List each ground and the facts relied on in the notice.
• Gather evidence that explains or rebuts those facts, and proof of your family, work and study ties in Australia.
• If you need more time, request an extension in writing before the deadline.
• Lodge a written response within the deadline and keep proof of lodgement.

Chua Tan Associates has practised in Melbourne since 1990 and advises on immigration law in Mandarin, Cantonese and English. Kin Wee Chua and Chit Thian Chua are both Law Institute of Victoria Accredited Specialists in Immigration Law. To discuss your visa situation, call 03 9602 3988 or contact us online. We can meet at our Melbourne CBD office or by video.

This article is general information only and is not legal advice.