Document ID: chunk:federal_register_of_legislation:C2024C00800:section:197c:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 197C (pt 2/2)
Character Range: 522775–524548

non‑citizen mentioned in paragraph 36(2)(a);
 (e) the non‑citizen:
 (i) satisfied the criterion in paragraph 36(2)(a) with respect to the country but did not satisfy the criterion in subsection 36(1C); and
 (ii) would have satisfied the criterion in paragraph 36(2)(aa) with respect to the country except that the non‑citizen was a non‑citizen mentioned in paragraph 36(2)(a) and subsection 36(2C) or (3) applied in respect of the non‑citizen;
 (f) the non‑citizen would have satisfied the criterion in paragraph 36(2)(aa) with respect to the country except that subsection 36(2C) or (3) applied in respect of the non‑citizen.
 (6) A protection finding is also made for a non‑citizen with respect to a country if:
 (a) the Minister was satisfied (however expressed and including impliedly) that, because subsection 36(4), (5) or (5A) applied to the non‑citizen in relation to the country, subsection 36(3) did not apply in relation to the country; and
 (b) a protection finding within the meaning of subsection (4) or (5) was made for the non‑citizen with respect to another country.
 (7) A protection finding is also made for a non‑citizen with respect to a country in circumstances prescribed by the regulations.
 (7A) For the purposes of subsection (3), if an unlawful 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.
 (8) For the purposes of subsection (5), it is irrelevant whether or not the non‑citizen satisfied any other criteria for the grant of a protection visa.
 (9) For the purposes of subparagraph (3)(c)(iii), a non‑citizen who withdraws their written request to be removed to a country is taken not to have made that request.