The Notice of Intention to Consider Cancellation (NOICC) is a pivotal document within Australian migration law, indicating a critical phase in visa management. Issued by the Department of Home Affairs (DHA), the NOICC serves as a formal notification to visa holders that the department is contemplating the cancellation of their visa. This notice outlines the specific reasons and grounds for potential cancellation, affording visa holders an opportunity to provide a detailed response and supporting evidence.
Seriousness and Nature of Offences: Provide details of the offences committed, including the type, sentences received, time between offences, and time passed since the most recent offence. Explain any mitigating factors such as addiction, mental health issues, family background, or personal circumstances that influenced the offences. Emphasize understanding the seriousness of the offence and its impact on victims.
Risk of Re-Offending: Outline steps taken towards rehabilitation, such as drug/alcohol courses, anger management, or education. Describe plans post-release, like participation in rehabilitation programs or securing employment. Highlight ties to the community, contributions made in the past, and future plans for community involvement.
Childhood in Australia: Detail the age at which you arrived in Australia, your upbringing, education, and number of visits to your country of origin. Emphasize the formative years you spent in Australia, especially if you arrived under 18 years old.
Length of Residency in Australia: Specify the duration of residency, family members in Australia, and the closeness of relationships. Mention if there is a partner who is an Australian citizen.
Human Rights Obligations: Refer to international conventions signed by Australia, such as the Convention on the Rights of the Child (CROC), ICCPR, CAT, and Refugee Convention. Address concerns related to children’s welfare if applicable. If relevant, provide information on refugee status and fears of persecution or harm in the country of origin.
In addition to these primary considerations, visa holders should also address secondary considerations and gather independent evidence to support their response:
Gathering independent evidence such as reports from professionals like doctors, psychologists, and parole officers, as well as letters of support from friends, family, employers, and community leaders, can strengthen the response. By addressing these considerations systematically and providing supporting evidence, visa holders can construct a comprehensive response that highlights their personal circumstances, rehabilitation efforts, community ties, and adherence to legal and ethical standards.
Important to note that we are all human and capable of making a mistake. When faced with a NOICC on character grounds, it’s crucial to remember that everyone deserves a chance to provide a thorough and compelling response. This process allows visa holders to explain their circumstances, express remorse if applicable, and showcase their efforts towards rehabilitation and positive contributions to society. By giving visa holders the opportunity to present a comprehensive response, the Australian society uphold principles of fairness and justice, recognizing that individuals can learn from their past experiences and strive to become better members of the community. It is our hope that through effective communication and cooperation with the DHA, visa holders can demonstrate their commitment to compliance and contribute positively to Australian society, ultimately avoiding the cancellation of their visa.
Given the seriousness of a NOICC on character grounds, visa holders facing such a notice are strongly encouraged to seek expert advice and assistance. At Heenan & Browne we are well experienced in handling complex immigration matters, including character submissions and can provide invaluable support and guidance. Our team of registered migration agents in Cairns, Canberra, Sydney, Melbourne, Brisbane and across Australia understands the intricacies of responding to NOICCs and can assist visa holders in presenting compelling arguments and evidence to strengthen their case. Consulting with us can significantly enhance the chances of a favourable outcome and ensure that visa holders navigate this challenging process with confidence and expertise. Book an appointment today.
