Notice of intention to consider cancellation: what it is
A notice of intention to consider cancellation, often called a NOICC, is a written warning from Home Affairs that a visa may be cancelled, with a set time to respond. The Migration Act does not use that name, and the window depends on which power is being used.
The short answer
A notice of intention to consider cancellation (NOICC) is the common name for a written notice that says there appear to be grounds to cancel your visa, and invites you to respond before a decision is made. It is not a cancellation. It comes before any decision to cancel is made.
The Migration Act 1958 does not use the word NOICC. The name is practitioner shorthand. The letter itself is the place to look for which power is being used.
Which law sits behind it
Several different powers can produce a notice like this. They have different response windows and different rules, so the section named in the letter matters.
- Section 116 (general power to cancel): the Minister must give written notice under section 119, with particulars of the grounds. See [section 116 cancellation explained](/guides/section-116-cancellation-explained/).
- Section 109 (incorrect information or bogus documents): a notice under section 107 sets a time to respond. See [section 109 cancellation](/guides/section-109-cancellation-incorrect-information/).
- Section 501 (character): the discretionary cancellation power in section 501(2) is under the heading 'natural justice applies', so the person is invited to respond. See [character refusal and cancellation](/guides/character-refusal-and-cancellation-section-501/).
What the law says about the response window
The windows are set by the Migration Act and the Migration Regulations 1994, and some are very short. The table shows what this site found in the current compilations on 16 October 2026. Your notice states your actual deadline.
| Type of notice | Period stated in the law | Where it comes from |
|---|---|---|
| Section 116, holder in Australia, written comments | 5 working days, starting when the holder is notified | Regulation 2.44 |
| Section 116, holder outside Australia, written comments | 28 days or 5 working days, depending on where the cancellation is being considered | Regulation 2.44 |
| Section 109, non-temporary visa | 14 days | Section 107(1A) |
| Section 109, temporary visa | A prescribed period or, if none, a reasonable period | Section 107(1A) |
Some websites say 28 days for every cancellation notice. For written comments on a section 116 notice to a person in Australia, the regulation says 5 working days. This site did not find a regulation setting a period for temporary visa holders under section 109.
What the notice must contain
For a section 116 notice, the Minister must give particulars of the grounds and invite the holder to show, within a specified time, that the grounds do not exist, or that there is a reason the visa should not be cancelled.
If the decision-maker later relies on other information that was not in the first notice and that you did not give, a separate written notice under section 120 must set out the information, why it is relevant, and invite comment.
How the notice reaches you
Cancellation documents can be sent by email to the last email address known to Home Affairs. Email is taken as received at the end of the day it is sent. Documents posted within Australia are taken as received 7 working days after the date on the document. The law fixes those times whether or not the person reads the document then, which is why current contact details matter.
What can follow
A cancellation can be made once you respond, say you do not wish to respond, or the time to respond passes. If no response is made, the decision-maker may decide on the information it has.
For a person in Australia, a cancellation can change lawful status straight away. See what happens to your status after a cancellation. If review rights exist, there are separate and strict limits, covered in visa cancellation explained.
Where Home Affairs guidance fits
Home Affairs pages on responding to these notices could not be retrieved when this page was checked, so nothing here is drawn from them. Everything above comes from the Act and Regulations.
Response windows can be short, so it helps to contact a registered migration agent, an Australian lawyer or a free legal service early. Only the general law is explained here. It is not legal advice or immigration assistance, and it cannot say what a particular letter means. See free and low-cost help and check your decision letter.
Where this came from
- Migration Act 1958, sections 107, 119 and 120 (checked 16 October 2026).
- Migration Regulations 1994, regulations 2.44 and 2.55 (checked 16 October 2026).