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(b) a valid application for review of the decision under Part 7 was made within the period but has been withdrawn;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