Section 197D — Decision that protection finding would no longer be made

197D Decision that protection finding would no longer be made

(1) This section applies in relation to a non-citizen if:

(a) the non-citizen is:

(i) an unlawful non-citizen; or

(ii) a removal pathway non-citizen covered by paragraph (b), (c) or (d) of the definition of that expression in subsection 5(1); and

(b) the non-citizen has made a valid application for a protection visa that has been finally determined; and

(c) in the course of considering the application, a protection finding, within the meaning of subsection 197C(4), (5), (6) or (7), was made for the non-citizen with respect to a country (whether or not the protection visa was refused or was granted and has since been cancelled).

(2) If the Minister is satisfied that the non-citizen is no longer a person in respect of whom any protection finding within the meaning of subsection 197C(4), (5), (6) or (7) would be made, the Minister may make a decision to that effect.

(2A) A decision made under subsection (2) is a decision of a kind referred to in subparagraph 197C(3)(c)(ii), whether it is made in relation to:

(a) an unlawful non-citizen; or

(b) a removal pathway non-citizen covered by paragraph (b), (c) or (d) of the definition of that expression in subsection 5(1).

(3) For the purposes of subsection (2), if a non-citizen has made more than one valid application for a protection visa that has been finally determined, that subsection applies only in relation to the last such application.

(4) If the Minister makes a decision under subsection (2) in relation to a non-citizen, the Minister must, in writing, notify the non-citizen of the following matters:

(a) the decision;

(b) the reasons (other than non-disclosable information) for the decision;

(c) that the decision is reviewable by the ART;

(d) the period within which an application for review can be made;

(e) who can apply for review;

(f) where the application for review can be made.

Note: For the method by which the notification may be given, see section 494A.

(5) Failure to comply with subsection (4) in relation to a decision does not affect the validity of the decision.

(6) For the purposes of subparagraph 197C(3)(c)(ii), a decision under subsection (2) of this section is complete if any of the following apply:

(a) the period within which an application for review of the decision under Part 5 can be made has ended without an application for review having been properly made;

(b) an application for review of the decision under Part 5 was properly made within the period but has been withdrawn;

(c) the decision is affirmed (or taken to have been affirmed) on review by the ART.

(7) Section 268 (requesting reasons for a reviewable decision from decision-maker) of the ART Act does not apply in relation to a decision under subsection (2) of this section.