Meaning of reviewable protection decision
act-s338A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

338A Meaning of reviewable protection decision
          (1) Subject to subsection (2), the following decisions are reviewable
              protection decisions:
               (a) a decision, made before 1 September 1994, that a non-citizen
                   is not a refugee under the Refugees Convention as amended
                   by the Refugees Protocol (other than such a decision made
                   after a review by the Minister of an earlier decision that the
                   person was not such a refugee);
               (b) a decision, made before 1 September 1994, to refuse to grant,
                   or to cancel, a visa, or entry permit (within the meaning of
                   this Act as in force immediately before that date), a criterion
                   for which is that the applicant for it is a non-citizen who has
                   been determined to be a refugee under the Refugees
                   Convention as amended by the Refugees Protocol (other than
                   such a decision made under the Migration (Review) (1993)
                   Regulations or under the repealed Part 2A of the Migration
                   (Review) Regulations);
               (c) a decision to refuse to grant a protection visa, other than a
                   decision that was made relying on:
                      (i) subsection 5H(2), or 36(1B) or (1C); or
                     (ii) paragraph 36(2C)(a) or (b);
               (d) a decision to cancel a protection visa, other than a decision
                   that was made because of:
                      (i) subsection 5H(2) or 36(1C); or
                     (ii) an assessment by the Australian Security Intelligence
                          Organisation that the holder of the visa is directly or
                          indirectly a risk to security (within the meaning of
                          section 4 of the Australian Security Intelligence
                          Organisation Act 1979); or
                    (iii) paragraph 36(2C)(a) or (b);
               (e) a decision under subsection 197D(2) that a non-citizen is no
                   longer a person in respect of whom a protection finding









                       within the meaning of subsection 197C(4), (5), (6) or (7)
                       would be made.
          (2) The following decisions are not reviewable protection decisions:
               (a) decisions in relation to which the Minister has issued a
                   conclusive certificate under section 339;
               (b) any decision to cancel a protection visa that is made
                   personally by the Minister;
               (c) decisions made in relation to a non-citizen who is not
                   physically present in the migration zone when the decision is
                   made.