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              (b)  a valid application for review of the decision under Part 7 was made within the period but has been withdrawn;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