Document ID: chunk:federal_register_of_legislation:C2021A00035:clause:1_197d
Version: federal_register_of_legislation:C2021A00035
Segment Type: clause
Provision Reference: sch 1 cl 197D
Character Range: 7891–9831

197D  Decision that protection finding would no longer be made
 (1) A decision under subsection (2) of this section may only be made for the purposes of subsection 197C(3).
 (2) If the Minister is satisfied that an unlawful non‑citizen to whom paragraphs 197C(3)(a) and (b) apply in relation to a valid application for a protection visa 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.
 (3) For the purposes of subsection (2), 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.
 (4) If the Minister makes a decision under subsection (2) in relation to an unlawful 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 under Part 7;
 (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 7 can be made has ended without a valid application for review having been made;
 (b) a valid application for review of the decision under Part 7 was made within the period but has been withdrawn;
 (c) the decision is affirmed (or taken to have been affirmed) on review under Part 7.