Migration Act 1958

This section applies in relation to a non‑citizen if:

the non‑citizen is:

an unlawful non‑citizen; or

a removal pathway non‑citizen covered by paragraph (b), (c) or (d) of the definition of that expression in subsection 5(1); and

the non‑citizen has made a valid application for a protection visa that has been finally determined; and

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).

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.

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:

an unlawful non‑citizen; or

a removal pathway non‑citizen covered by paragraph (b), (c) or (d) of the definition of that expression in subsection 5(1).

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.

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:

the decision;

the reasons (other than non‑disclosable information) for the decision;

that the decision is reviewable by the ART;

the period within which an application for review can be made;

who can apply for review;

where the application for review can be made.

For the method by which the notification may be given, see section 494A.

Failure to comply with subsection (4) in relation to a decision does not affect the validity of the decision.

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:

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;

an application for review of the decision under Part 5 was properly made within the period but has been withdrawn;

the decision is affirmed (or taken to have been affirmed) on review by the ART.

Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to a decision under subsection (2) of this section.