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Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024
128Paragraph 338(1)(c)
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128 Paragraph 338(1)(c)
Omit “visa; or”, substitute “visa.”.
129 Paragraph 338(1)(d)
130 Subsections 338(2) to (3A)
131 Subsection 338(4)
Omit “Part 5‑reviewable decisions”, substitute “reviewable migration decisions”.
132 Subsections 338(5) to (9)
133 After section 338
338A Meaning of reviewable protection decision
(1) Subject to subsection (2), the following decisions are reviewable protection decisions:
(a) a decision, made before 1 September 1994, that a non‑citizen is not a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made after a review by the Minister of an earlier decision that the person was not such a refugee);
(b) a decision, made before 1 September 1994, to refuse to grant, or to cancel, a visa, or entry permit (within the meaning of this Act as in force immediately before that date), a criterion for which is that the applicant for it is a non‑citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made under the Migration (Review) (1993) Regulations or under the repealed Part 2A of the Migration (Review) Regulations);
(c) a decision to refuse to grant a protection visa, other than a decision that was made relying on:
(i) subsection 5H(2), or 36(1B) or (1C); or
(ii) paragraph 36(2C)(a) or (b);
(d) a decision to cancel a protection visa, other than a decision that was made because of:
(i) subsection 5H(2) or 36(1C); or
(ii) an assessment by the Australian Security Intelligence Organisation that the holder of the visa is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or
(iii) paragraph 36(2C)(a) or (b);
(e) a decision under subsection 197D(2) that an unlawful non‑citizen is no longer a person in respect of whom a protection finding within the meaning of subsection 197C(4), (5), (6) or (7) would be made.
(2) The following decisions are not reviewable protection decisions:
(a) decisions in relation to which the Minister has issued a conclusive certificate under section 339;
(b) any decision to cancel a protection visa that is made personally by the Minister;
(c) decisions made in relation to a non‑citizen who is not physically present in the migration zone when the decision is made.