Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:2_338a
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 2 cl 338A
Character Range: 90489–92598

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by the Refugees Protocol (other than such a decision made under the Migration (Review) (1993) Regulations or under the repealed Part 2A of the Migration (Review) Regulations);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 an unlawful 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.