Decision that protection finding would no longer be made
act-s197D — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.