(2) To avoid doubt, a removal pathway non - citizen for whom a protection finding has been made within the meaning of subsection 197C(4), (5), (6) or (7):
(a) may be given a removal pathway direction by the Minister; and
(b) may commit the offence of refusing or failing to comply with the direction under section 199E.
Note: For the circumstances in which the Minister must not give a removal pathway direction, see section 199D.
(3) To avoid doubt, nothing in section 199C or 199D authorises or requires the removal of an unlawful non - citizen under section 198 to a country to which the non - citizen could not be removed because of subsection 197C(3).