{"id":"F2016L00679","name":"Migration Act 1958 - Class of Persons Defined as Fast Track Applicants 2016/049","slug":"migration-act-1958-class-of-persons-defined-as-fast-track-applicants-2016-049","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129241,"registerId":"commonwealth-F2016L00679-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"CLASS OF PERSONS DEFINED AS FAST TRACK A","sectionType":"part","heading":"CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/049","content":"# CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/049\n\n(Paragraph 5(1AA)(b))\n\nI, PETER DUTTON Minister for Immigration and Border Protection, acting under paragraph 5(1AA)(b) of the Migration Act 1958 (the Act):\n\n1.  REVOKE Instrument IMMI 16/007 (F2016L00455), signed on 24 March 2016; and\n2.  SPECIFY the following class of persons for the purposes of paragraph (b) of the definition of fast track applicant in subsection 5(1) of the Act:\n    1.  A person who:\n\n1.  is an unauthorised maritime arrival and was born in the migration zone on or after 1 January 2014; and\n2.  is a child of a person who is a fast track applicant within the meaning of paragraph 5(1)(a) of the Act; and\n3.  has made a valid application for a protection visa; and\n4.  if the person has a parent who is an unauthorised maritime arrival who entered the migration zone before 13 August 2012 and the parent also made a valid application for a protection visa before the commencement of this Instrument, has not made a valid application for a protection visa that is taken to be combined with the application of his or her parent before the commencement of this Instrument.\n\nThis Instrument Class of Persons Defined as Fast Track Applicants 2016/049, IMMI 16/049 commences on the day after registration on the Federal Register of Legislation.\n\nDated: 4 May 2016\n\nPeter Dutton\n\nTHE HON PETER DUTTON MP\n\nMinister for Immigration and Border Protection","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2680},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Replaces a previous instrument (IMMI 16/007) to refine which Australian-born children are captured by the fast-track regime. The scope is narrowed by adding a specific exclusion for children who have already lodged combined protection visa applications with pre-August 2012 parents, preventing overlap between the fast-track system and the legacy processing queue."},"complexity_factors":["Nested conditional logic requiring simultaneous satisfaction of four cumulative criteria","Temporal cut-offs requiring cross-referencing of birth dates (1 January 2014), parent arrival dates (13 August 2012), and instrument commencement dates","Exception to the general rule based on prior administrative action (combined visa application status)","Dependence on parent immigration status classification ('unauthorised maritime arrival') defined in primary Act"],"plain_english_summary":"This law sets when children born in Australia to asylum-seeking parents are sent into the government’s \"fast track\" refugee process — typically a quicker, stricter assessment with fewer appeal rights. It applies to children born on/after 1 Jan 2014 whose parent is an unauthorised maritime arrival and who lodge their own protection claim.\n\nAn exception: a child of a parent who arrived by boat before 13 Aug 2012 stays in the regular system if the child was already included in that parent’s protection application."}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-class-of-persons-defined-as-fast-track-applicants-2016-049","history":"/api/acts/migration-act-1958-class-of-persons-defined-as-fast-track-applicants-2016-049/history","analysis":"/api/acts/migration-act-1958-class-of-persons-defined-as-fast-track-applicants-2016-049/analysis","conflicts":"/api/acts/migration-act-1958-class-of-persons-defined-as-fast-track-applicants-2016-049/conflicts","importantCases":"/api/acts/migration-act-1958-class-of-persons-defined-as-fast-track-applicants-2016-049/important-cases","documents":"/api/acts/migration-act-1958-class-of-persons-defined-as-fast-track-applicants-2016-049/documents"}}