04 Nov Notice of Intention to Consider Cancellation – NOICC (MARN 1800859)
Have you received a letter from the department stating that they’re considering canceling your student visa? This letter is called (Notice of Intention to Consider Cancellation) in short we call it a NOICC. So if you have received a NOICC the department will give you five working days to respond to this letter. So it is very important that you do not ignore this letter. Ignoring it will result in the department to process the cancellation of your student visa and you will become an illegal non-citizen in Australia.
So the most common reasons for receiving this NOICC is that you may have breached one of your conditions on your student visa. A very common reason is that you may have worked 40+ hours a fortnight another could be it could be that you have downgraded your AQF level or maybe you’re not enrolled in any kind of study while on your student visa.
In the situation where you have received a NOICC, it is recommended that you consult a registered migration agent to help you respond to this letter. So if the department has sent you this NOICC the letter will explain the reason why they are considering cancelling your visa.
If you think there are no grounds for cancellation and if you think that you have actually not breached any condition you may want to explain this to the department in your response. However, if you are in a situation where you have actually breached one of your conditions it is still worth replying to that letter in those 5 working days. There might be some compelling reasons which made you breach that condition so if you can explain to the department and you may want to request to the department that they don’t cancel your visa and they let you finish your studies in Australia.
So in a situation where you have responded to this letter so they may actually consider all the evidence and not cancel your visa so in this situation, you don’t have to do anything and you are safe.
But when they have gone ahead and cancelled your visa it is very important that you read that cancellation notice because you need to know your review rights. So if they have given you review rights they will normally give you only 7 working days to lodge an appeal. So you will have to lodge an appeal with the Administrative Appeals Tribunal also known as ATT.
ATT – Administrative Appeals Tribunal
The AAT is independent to the Department of Home Affairs and they will consider any new evidence that you provide to them regarding the cancellation of your student visa. The fees for the AAT is $1,764.00 and in a situation where you succeed in your case, you will get 50% of the fees back. The other very important thing is that because your student visa is cancelled you basically now have no visa so you will have to lodge an application for Bridging visa ‘E’.Now with bridging visa ‘E’ they will not give you any traveling rights and in most cases, they won’t give you any work rights or study rights either.
So if you are in this situation where you have received a NOICC from the department please get in touch with us because we will be able to guide you with the whole process.
For more information –
☎️ (07) 3361 8177 | 1300 074 787
📍 Lvl 8/344 Queen Street, Brisbane, Queensland