Document ID: chunk:federal_register_of_legislation:C2024C00800:section:197d:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 197D (pt 1/2)
Character Range: 524550–527232

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