What is a ‘No Further Stay’ Condition?

A ‘No Further Stay condition’ means a condition that is attached to your visa, and it stops you from applying for most temporary and permanent visas while you stay in Australia. However, you can request the Department of Home Affairs to waive those conditions so you can apply for a new visa. This is known as No Further Stay Condition Waiver.

The ‘No Further Stay’ conditions mean the following three different conditions:

• • • Conditions 8503; This is the most common condition.
    • Condition ​8534
    • Condition 8535

The notice of Intention to consider cancellation (NOICC) is like a warning letter sent from Department of Home Affairs prior to the formal visa cancellation. It does not mean your visa has already been cancelled, the NOICC invite you to provide additional comments and information to explain why you think your visa should not be cancelled.

Why did I receive a Notice of Intention to Consider Cancellation (NOICC)?

There are many potential reasons for the NOICC, it depends on your current visa and your personal circumstances. The typical reasons are:

• • • The facts that got your visa granted did not exist.
    • The facts that got your visa granted no longer exist.
    • You are not complying with visa conditions.
    • Your family who holds the same visa is not complying with visa conditions.
    • You provided fake information to the department.
    • You are considered a risk to public safety.
    • You are a Student Visa holder and have changed a course to a lower level.
    • You provided fake identity documents to the department.
    • You paid money for your visa sponsorship, especially for employer-sponsored visa holders.

Do I need to respond to the Notice of Intention to Consider Cancellation (NOICC)?

EZOZ Migration strongly suggests you respond to the NOICC, as it is your last chance before your visa is finally cancelled by the department, and this is usually the cheapest stage to fix your visa problems. Once your visa is formally cancelled and you appeal to the Administrative Appeals Tribunal and federal courts, the costs become significantly higher.

In addition, if you give up the chance to a NOICC response, your visa will be cancelled quickly, and you will become an unlawful non-citizen immediately. This will cause additional problems for you to be granted another visa and re-enter Australia.

How to respond to the Notice of Intention to Consider Cancellation (NOICC)?

FIRST RULE: Always respond on time. In your NOICC letter, the department will clearly specify the response timeframe, it ranges from 7 days to 28 days. If you cannot respond within the time limit, remember to ask for an extension.

SECOND RULE: Read the Cancellation Consideration facts carefully on the NOICC letter. It is ok to panic when you receive the NOICC but remember to always understand what the problems are before you try to fix them.

THIRD RULE: Precisely address the Cancellation Facts. The NOICC is all about how you explain why your visa should not be cancelled. You should focus on convincing the case officer that those cancellation facts did not exist or no longer exist. If it is necessary, describe the potential hardship you will face if the visa is cancelled.

LAST RULE: Respond to the NOICC with carefully prepared submission and supporting documents. Always remember to structure your argument clearly in the submission and prove your argument with actual documents.

What happens after I respond to the Notice of Intention to Consider Cancellation (NOICC)?

• • If your response is successful, the intention to cancel your visa will be taken back by the Department of Home Affairs. You can keep your visa and continue your life in Australia.

1. 1. If your response is a failure, your visa will be cancelled. You will receive a formal Notice of Visa Cancellation decision from the Department of Home Affairs. This creates additional problems.

Please remember that the NOICC is your last chance to fix your visa problems, you should pay particular attention to it. Do not ignore the NOICC!

EZOZ Migration has helped many clients with successful NOICC responses. We can prepare a professional submission to present your arguments. We will also make a personalized document checklist for you to easily collect supporting documents to back up your NOICC response. We are here to safeguard your visa and we will try our best to prevent your visa from being cancelled.

If you have received a Notice of Intention to Consider Cancellation (NOICC), contact us immediately for a free 15-minute consultation to get a clear understanding of your situation. We will help you from there.

It is not a pleasant experience when you receive a Visa Cancellation or Refusal decision from the Department of Home Affairs, as there are certain legal consequences with them. However, having such a decision does not necessarily mean you are reaching the end of your migration journey. There are still many options you can choose to save your visa.

What is Visa Cancellation and Refusal?

If it is a Visa Cancellation, it means you lose your current visa immediately and you also have become an unlawful non-citizen. Staying in Australia without a valid visa can bring serious outcomes. You may be detained in an immigration detention center and be removed from Australia.

An unlawful non-citizen means a non-Australian citizen who is currently in Australia but does not hold any valid visas.

If it is Visa Refusal, it means your visa application has been refused and this is the final decision from the Department of Home Affairs. If you want the department to reconsider this case, you will have to apply for the same visa again or appeal this Visa Refusal decision to the Administrative Appeals Tribunal (AAT).

What are the consequences of Visa Cancellation and Refusal?

There are many consequences you need to face after the department refused or cancelled your visa. Things will get complicated when you come to this stage, it is normally much harder for you to get the same visa granted again.

The most common Visa Cancellation and Refusal legal consequences are applicant ban and re-enter bans:

• • • Section 48 bar: You cannot lodge a valid application for most visas if you are onshore and did not hold a substantive visa (bridging visa is not a substantive visa) after that cancellation or refusal.
    • Schedule 3 bar: If you lodge a visa application onshore and you do not hold a substantive visa at the time of application, you need to demonstrate why you did not hold a substantive visa. This is known as the schedule 3 criteria bar.
    • Public Interest Criteria (PIC) 4013 bar: If your visa is cancelled, you can not apply for another visa for three years, unless the department agrees you to apply.
    • Public Interest Criteria (PIC) 4014 bar: If leave Australia without holding any valid visas, you cannot be granted another visa for 3 years. This bar will not apply if you leave Australia within 28 days after your visa cancellation or refusal date.
    • Special Return Criteria (SRC) 5001 Bar: If you are deported from Australia or have your visa cancelled for character reasons, you cannot enter Australia permanently. This bar will not apply if the Minister of the Department of Home Affairs personally grants you a visa.
    • Special Return Criteria (SRC) 5002 Bar: If you are removed from Australia, you cannot be granted another visa for 12 months, unless the department agrees you to apply.

What to do after the Visa Cancellation and Refusal?

When you receive the Visa Cancellation and Refusal decisions from the Department of Home Affairs, here are the actions you need to take:

1. Figure out your current visa status in Australia.

• • • If your visa is cancelled, you become an unlawful non-citizen immediately.
    • If your visa is refused. You should check if you still hold a substantive visa.

2. In the case your visa is cancelled, you should apply for a Bridging Visa E to let your stay become legal again in Australia. Then you can either apply for a decision review to the Administrative Appeals Tribunal (AAT) or leave Australia within 35 days.

3. In the case your visa is refused, and you did not hold a substantive visa. Your Bridging Visa will cease after 35 days. You can either apply for a decision review to the AAT or leave Australia within 35 days.

4. In the case your visa is refused, and you hold a substantive visa. You can either apply for a decision review to the AAT or apply for the same visa again.

5. Get things done quickly, as the Department of Home Affairs gives set strict time limits for you to take the above actions.

6. Talk to a professional Migration Agent and seek advice on how to deal with the Visa Cancellation and Refusal circumstances. EZOZ Migration is a migration firm that has extensive experience on guiding people through this complicated process, we are here to safeguard your visa. We will try our best to get your visa back!

EZOZ Migration offers a 15-minute free consultation to help you understand why your visa has been refused or cancelled, and we will also advise you on the best actions you should take to protect your visa.

If you have your visa refused or cancelled by Department of Home Affairs, and you disagree with this decision. You can apply to get this decision reviewed by Administrative Appeals Tribunal (AAT). Most decisions made to onshore visa applicants or holders can be reviewed by AAT.

What is Administrative Appeals Tribunal (AAT)?

Administrative Appeals Tribunal is an independent government organization that can review the decisions made by other Australian government departments or agencies. AAT is unlike the formal law courts, it aims to make the review process accessible, fair, affordable, informal and quick.

A Migration Agent can represent applicants on the AAT.

What decisions can AAT review?

AAT can review the following migration law related decisions:

• • • To refuse or cancel a visa
    • To refuse to approve a nomination of a job position
    • To refuse or cancel the sponsorship application
    • To require a security to grant a visa

AAT reviews decisions based on the relevant facts, laws, and policies. It means AAT will take an independent and fresh look at the case. The applicants can present new evidence to AAT to support their review.

AAT will consider the following matters:

• • • Law changes since the original decisions. Some laws applied in the past may no longer apply now.
    • Applicant’s circumstances change since the original decisions.
    • Whether the Department of Home Affairs have assessed all the evidence.
    • Whether the Department has wrong understanding of the relevant laws.
    • Whether the Department has applied the law incorrectly.
    • New evidence submitted by applicants after the original decision.

What decisions can AAT make?

The AAT can make the following decisions:

• • • Affirm the decision: AAT believes the Department of Home Affairs has made the correct decision through the proper process. The reviewed decision supports the original decision.
    • Vary the decision: AAT decide to change the decision.
    • Set aside the decision and replace a new decision: The AAT think the Department has made a wrong decision and make a new correct decision immediately to replace that old decision. Set Aside decision is rare.
    • Remit the decision: The case is returned to department for a new decision and reconsideration, remit decision is common. The AAT think department has made a wrong decision, and advice department to reconsider all the evidence and make a new decision. In most cases, once the decision is remit by AAT, department will follow AAT advice and make a favorable new decision.

Normally, a set aside decision and remit decision are the favorable decisions for applicants. And a Affirm decision is not a favorable decision.

How to apply for review with AAT? What is the AAT review process?

The best way to apply for AAT is online application. It is a fastest way to apply for a review.

The typical application steps are listed as below:

• • • Check if your decision is reviewed by AAT.
    • Check the time limit to lodge a review.
    • Lodge online. It is normally not necessary to submit all supporting evidence at this stage. The review can be lodged with the decision letter from Department only.
    • Pay the AAT review fees.
    • AAT send the acknowledgement letter to confirm the review has been successfully lodged.
    • Applicants collect additional supporting evidence and upload them to the review application. This can be done with AAT online portal.
    • AAT invites applicants to join a hearing. On the hearing, the AAT case officer will interview applicants to get additional information on the review application.
    • AAT makes the final decision.

Applicants should be aware that there is strict time limit to apply for review with AAT, the period ranges from 7 business days to 70 calendar days. The exact time limit are clearly specified on the decision letter from Department. The most common time limit is 28 calendar days.

The first day of the above period is the decision day specified on your decision notification letter. Nowadays, most of the notification letter is sent by email.

How much it cost to apply for review with AAT?

AAT fees

The application fee is $1,826. The application fee is $913 if you suffer from financial hardship and you can approve it. If the review is decided, and AAT make a favorable decision to you. You will be refunded 50% of the applications fees. A favorable decision is either set aside decision or remit decision. If the review application is lodged but the AAT think your application is invalid, you will receive the full refund of the application fees.

How long the AAT review process takes?

The AAT processing time depends on a range of factors, including the review application numbers AAT receive, staffing level, the type of decisions and the complexity of the review.

The average AAT processing time for reviews that are finalized between 01/06/20 and 30/11/20 is listed in the following table.

Why you should use EZOZ Migration to represent your AAT case?

Some advantages we can give to your AAT case:

• • • lodge review application within the time-limit.
    • Re-investigate your case to build up a precise argument.
    • Provide well-structured supporting evidence and collect additional evidence on your behalf.
    • Do research on other prior successful AAT case that are similar with yours. And use those prior decisions to support your AAT case.
    • Do research on relevant migration law and policies that are in your favor. And build your AAT case on the solid legal grounds.
    • Clearer and more persuasive submission to present your arguments.

We will accompany you in any interviews or hearings held by the AAT. We fight with you side by side.

EZOZ Migration provides a 15-minute free consultation to understand your circumstances and answer the AAT questions you have. We are here fighting for your visa!

Every temporary visa in Australia has an expiry date, and visa holders are required to leave Australia before that date. But sometimes, you might just forget the expiry date and have overstayed your visa. If you found yourself in this situation, then you are an unlawful non-citizen which can cause certain legal consequences.

An unlawful non-citizen means a non-Australian citizen who is currently in Australia but does not hold any valid visas.

The consequences of overstaying your visa in Australia

• • Overstaying a visa by less than 28 days. Overstaying by less than 28 days usually will not bring too many adverse effects if you handle it correctly. We suggest you urgently apply for a Bridging Visa E to end your unlawful status. Then you should consider leaving Australia within 28 days after your visa expiry date. Alternatively, you can lodge a valid visa application if conditions are allowed.
  • Overstaying a visa by more than 28 days. Overstaying by more than 28 days is a serious matter, as you will be subject to Public Interest Criteria (PIC) 4014 bar. This bar stops you to get another Australian visa for three years. Unless you can let the Department of Home Affairs waive this bar. You should apply for a Bridging Visa E to end your unlawful status and leave Australia immediately.

Talk to EZOZ Migration when you overstay your visa.

• • We analyze your circumstances and find out whether you can lodge a valid new visa application onshore.
  • Manually apply for a Bridging Visa E to end your unlawful noncitizen status immediately, and bring down the adverse effects to the minimum level.
  • Help you seek financial assistance if you cannot afford the travel cost.
  • Help to waive the three years exclusion period caused by 4014 bar.

Show Cause is a requirement for a student to explain why they should not be expelled from their study due to bad academic performance. The Show Cause is a common process for international students who are currently studying in University, College, TAFE and High School.

What are the reasons for a Show Cause?

The most typical reason for a Show Cause is poor academic performance. Different education institutions have different definitions for poor academic performance.

But the most common definition is that if you have failed more than 50% of your enrolled course in two continuing semesters, then you will be potentially expelled from your study. But before expulsion happens, your school normally gives you the chance to Show Cause and explain why you should not be expelled.

Show Cause process

The typical Show Cause processes are:

• • • You receive a letter or email from your school to ask you to Show Cause. Take this letter as a warning letter; it warns that you might be expelled due to poor academic performance.
    • Respond to this Show Cause invitation in writing. You need to prepare a statement to present your arguments and submit supporting documents.
    • Your school receives the response. A student advisor will check your statement and supporting documents.
    • Your student advisor may set up an in-person interview to gain additional information from you.
    • Your school then makes a final decision about whether to expel you or not.

How to prepare a Show Cause response

Preparing a Show Cause is especially important. Here are the tips on how to prepare a Show Cause response:

• • • Stay calm and think twice before you respond.
    • Make the response by the due date.
    • Write a good Statement to boost your chance to pass the Show Cause.
    • Submit supporting documents to back up your statement.
    • Seek help to prepare a Show Cause. EZOZ Migration is an expert on Show Cause preparation.