For those who have received from the Department of Home Affairs, a Notice of Intention to Consider Cancellation of Visa.
Notice of Intention to Consider Cancellation a visa may be issued to anyone who holds an Australian visa, if there appears to be grounds to cancel a visa as prescribed by Migration Act 1958. The notice will give you adverse information it has received and will give you an opportunity to comment on the information.
The Migration Act 1958 prescribes a number of situations when a visa can be cancelled, such as:
- Provision of incorrect information;
- Provision of bogus documents or false information to mislead the 'Department of Home Affairs'.
- Breach of visa conditions.
- Person is of character concern.
- A student visa holder who does not meet course attendance, or meet course performance requirements.
- A business skills visa holder fails to establish a business or participate in the management of a business.
- Holder of a Regional Sponsored Migration Scheme visa either did not commence work within 6 months of visa grant, or did not completed 2 years working with the sponsoring employer.
- Circumstances under which visa was granted, no longer exists.
Power to cancel is a discretionary. This means that even if there exists grounds for cancellation of a visa, the 'Department of Home Affairs' does not have to cancel a visa.
The time given by the 'Department of Home Affairs' varies, and is usually mentioned on the notification letter sent by the Department. However generally it is approximately 5 days.
You will need to justify to the department that why your visa should not be cancelled.
While making a decision the delegate will take into account the following information:
The purpose of your travel to, or stay in Australia.
Your behaviour in relation to the department on any occasions.
Whether there is any other person in Australia whose visa will be cancelled, if your visa is cancelled.
The extent of your visa compliance with any conditions attached to your current or previous visas.
The degree of hardship which may be caused to you, and any family member, if your visa is cancelled.
The circumstances in which grounds for cancellation arose.
Whether there are any mandatory legal consequences of decision to cancel visa, such detention or deportation from Australia.
Whether Australia has any obligations under any International Treaty or Agreement, that would be breached if visa is cancelled.
Any other relevant matter.
Any response to the NOICC including further information or documents must be in English.