Section 11A — When applications under this Act are finally determined

11A When applications under this Act are finally determined

(1) An application under this Act is finally determined when:

(a) a decision that has been made in respect of the application is not, or is no longer, subject to any form of review by application to the ART under Part 5; or

(b) a decision that has been made in respect of the application was subject to some form of review by application to the ART under Part 5 but the period within which such a review could be instituted has ended without a review having been instituted as prescribed.

(2) If a review of a decision that has been made in respect of an application under this Act is instituted by application to the ART under Part 5 as prescribed, the application is finally determined when a decision on review in respect of the application is taken to have been made as provided by the following provisions:

(a) if the decision on review is made under section 105 of the ART Act or paragraph 368C(3)(b) or subsection 368C(5) of this Act—section 368 of this Act;

(b) if the application for review is dismissed under the ART Act and an application for reinstatement cannot be made under section 368C of this Act—section 368B of this Act.

(3) However, subsection (2) does not apply in relation to a decision of the ART to remit a reviewable migration decision or a reviewable protection decision under subsection 349(2).