Facing a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home Affairs can be one of the most stressful experiences for visa holders in Australia. However, with the right legal strategy and a dedicated legal team, it is possible to defend against visa cancellation successfully.

At Kris Ahn Lawyers, we recently achieved a significant victory for a client whose visa was at serious risk. This case highlights not only the importance of early expert intervention and detailed legal storytelling but also how even a minor issue from a previous visa can threaten your current visa status, even if your current visa application was fully compliant.

Background: How a Past Mistake Can Endanger Your Current Visa

Our client, a talented Mechanical Engineer, found us on Google while searching for immigration lawyers experienced in visa cancellation. Impressed by our reputation and Accredited Specialist status, he immediately booked a consultation with Kris Ahn, Accredited Specialist in Immigration Law.

During the consultation, Kris explained a critical point of law: under section 107A and section 109 of the Migration Act 1958, the Department has the power to cancel a current visa, even if it was granted correctly, if a prior visa application contains non-compliant or incorrect information.

In our client’s case, the Department alleged that our client had provided an incorrect answer in a Student (subclass 500) visa application lodged several years earlier. Although his Temporary Graduate (subclass 485) visa had been lawfully granted and had no issues, the Department issued a NOICC based on that previous non-compliance.

Case Study: Defending Against Visa Cancellation – How We Helped Our Client Overcome a NOICC

As a result, despite his clean record and lawful current visa, his future in Australia was in jeopardy simply because of a mistake made years ago. Recognising the seriousness of the situation, the client immediately engaged our firm to represent him.

Our Strategy

Time was critical. The Department had given only a short window for a response. Within days, we implemented a robust strategy:

Collecting and verifying extensive supporting documentation.
Drafting a detailed statutory declaration from the client explaining how the mistake happened.
Preparing a strong legal submission addressing every prescribed circumstance under Regulation 2.41.
Humanising the client’s journey and circumstances to the case officer through strategic storytelling.

We demonstrated that the incorrect answer on the previous visa application was not intentional, but a result of the client’s reliance on an unqualified, offshore education agent who had failed to ask the correct questions.

Outcome

Thanks to our tailored submissions, the Department ultimately decided not to proceed with the visa cancellation.

In a rare and remarkable outcome, the case officer accepted that the non-compliance was inadvertent and understood the client’s personal circumstances. This outcome demonstrates the power of well-prepared legal arguments and advocacy.

Key Factors Driving Our Success

Early Engagement: The client sought help immediately after receiving the NOICC, giving us maximum preparation time to build a strong case.
Clear Legal Strategy: From day one, Kris Ahn’s expert advice provided clarity and direction.
Detailed Storytelling: Our submissions humanised the client and immersed the case officer in his real-world circumstances.
Strong Evidence: We backed every argument with solid documentation and analysis.
Professional Coordination: Our team worked closely with the client to meet tight Department deadlines without compromising quality.

Lessons for Visa Holders

This case serves as a strong warning for any visa holder in Australia:

A non-compliance issue from a previous visa can trigger cancellation of your current visa — even if the current visa was granted lawfully and without error.
The Department has the discretion to cancel your visa if they find past non-compliance, no matter how long ago it occurred.
Accurate legal advice and timely, strategic action are critical to defending your visa.

Why Choose Kris Ahn Lawyers?

At Kris Ahn Lawyers, we offer:

Expert Guidance: Our team includes Accredited Specialists in Immigration Law, providing expert advice and strategies for even the most complex visa issues.
Tailored Solutions: We understand that every client’s case is unique, and we create personalised strategies to protect your future in Australia. From your first consultation to final outcomes, you are guided by experts who understand the law, the risks, and how to advocate fiercely on your behalf.
Proven Success: With a track record of achieving positive outcomes in both straightforward and challenging cases, we have the experience to defend your visa status effectively.

If you’ve received a NOICC or are facing the risk of visa cancellation, contact Kris Ahn Lawyers today and book a consultation. Early advice can make all the difference.

Disclaimer: Not Legal Advice

The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.

Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.

Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.

Case Study: Defending Against Visa Cancellation – How We Helped Our Client Overcome a NOICC