Section 197D — Migration Act 1958: 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 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.