AUSTRALIAN IMMIGRATION

Visa Cancellation — Section 116, NOICC Responses & Appeal Rights

Visa cancellations are serious and time‑sensitive. This guide explains cancellation powers, NOICC processes, appeal rights and why urgent legal advice is essential.

Why visas are cancelled

Visas may be cancelled for reasons including incorrect information, non‑compliance with visa conditions, character issues, security concerns or significant changes in circumstances. Some character cancellations are mandatory under the Migration Act.

Notice of Intention to Consider Cancellation (NOICC)

In many cases, you will receive a NOICC inviting you to respond before a final decision is made. This is often the most important opportunity to explain your situation and provide evidence. Deadlines are strict and extensions are limited, so immediate action is crucial.

After cancellation — review and future options

Depending on your situation, you may have rights to AAT review or other remedies. Cancellation can also affect your ability to obtain future visas. Specialist legal advice can help you identify options, prepare submissions and manage long‑term consequences.

Frequently Asked Questions — Visa Cancellation — Section 116, NOICC Responses & Appeal Rights

Can I stay in Australia after my visa is cancelled?
In some cases you may receive a bridging visa while your review is pending, but this depends on your circumstances and the type of cancellation.
Does a cancellation always mean I must leave Australia immediately?
Not always; it depends on your legal status, review options and any bridging visa arrangements.
Why is professional advice so important for cancellations?
Cancellations have severe migration consequences. Mistakes in responses or appeals can be very difficult to fix later.