(1) This section applies to -

(a) a decision to grant a request to which section 38 applies, and

(b) a decision under section 22.

(2) Effect shall not be given to a decision to which this section applies before, whichever is the later of -

(a) the expiration of the time for -

(i) making an application for a review to the Commissioner under section 22, or

(ii) bringing an appeal to the High Court from the decision,

as may be appropriate, or

(b) if such an application or appeal is made or brought, the final determination or withdrawal thereof.