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MIGRATION ACT 1958 - SECT 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  (b)   a valid application for review of the decision under Part   7 was made within the period but has been withdrawn;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.


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