After receipt of Notice of Intention to consider cancellation, you must answer two questions:

1. Whether you pass character test?
2. Whether your visa should be cancelled?

You have 14 days to answer first question and 28 days for the latter. In case you have a criminal record, and you fail a character test then you have to answer question 2 only. On the other hand, if you are innocent, then you must provide documentary evidence of your innocence and prove your innocence within 14 days after notice.

The second question wants you to explain all factors highlighting why your visa should not be cancelled even if you have criminal record. You must provide your response within 28 days unless you are granted extension. After submission of your response, you can follow up with National Character Consideration Centre (NCCC) to have a status of your visa. The Department of Home Affairs will look at several factors such as nature of crime, risk to Australian community, length of stay in Australia to decide the outcome of your application.

If you seek professional guidance and advice regarding visa cancellation or refusal. AINIT is here to help you out.