{"id":"F2016L00455","name":"Migration Act 1958 - Specification of Class of Persons Defined as Fast Track Applicants 2016/007","slug":"migration-act-1958-specification-of-class-of-persons-defined-as-fast-track-applicants-2016-007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129055,"registerId":"commonwealth-F2016L00455-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"CLASS OF PERSONS DEFINED AS FAST TRACK A","sectionType":"part","heading":"CLASS OF PERSONS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 2016/007","content":"# CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/007\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\nSPECIFY 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\n1.  A person who:\n    1.  is an unauthorised maritime arrival and was born in the migration zone on or after 1 January 2014; and\n    2.  is a child of a person who is a fast track applicant within the meaning of paragraph 5(1)(a) of the Act; and\n    3.  has made a valid application for a protection visa; and\n    4.  if the person has a parent who is an unauthorised maritime arrival who entered the migration zone before 13 January 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 2016/007, IMMI 16/007 commences on the day after registration on the Federal Register of Legislative Instruments.\n\nDated: 24 March 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":1872},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument exercises the specific delegation in section 5(1AA)(b) of the Migration Act 1958 to specify additional classes of fast track applicants. It addresses a gap regarding children born in Australia to affected parents, consistent with the original legislative scheme for managing fast track cohorts."},"complexity_factors":["Depends on 4 external statutory definitions from the Migration Act 1958 (unauthorised maritime arrival, migration zone, protection visa, fast track applicant)","Multiple temporal cut-off dates requiring cross-referencing (1 January 2014, 13 January 2012, instrument commencement date)","Nested exclusion clause in criterion 4 with three cumulative sub-conditions","Intergenerational dependency (child's status depends on parent's visa application history and entry date)"],"plain_english_summary":"This rule says some children born in Australia to parents who arrived by boat without permission will be processed under the government's \"fast track\" protection visa system if born on or after 1 Jan 2014 and their parent is a fast-track applicant. An exception protects children whose parent arrived before 13 Jan 2012 and had already applied but the child wasn’t included. It matters because fast-track claims carry tighter deadlines, fewer appeal rights and a different legal test, affecting chances to stay."}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-specification-of-class-of-persons-defined-as-fast-track-applicants-2016-007","history":"/api/acts/migration-act-1958-specification-of-class-of-persons-defined-as-fast-track-applicants-2016-007/history","analysis":"/api/acts/migration-act-1958-specification-of-class-of-persons-defined-as-fast-track-applicants-2016-007/analysis","conflicts":"/api/acts/migration-act-1958-specification-of-class-of-persons-defined-as-fast-track-applicants-2016-007/conflicts","importantCases":"/api/acts/migration-act-1958-specification-of-class-of-persons-defined-as-fast-track-applicants-2016-007/important-cases","documents":"/api/acts/migration-act-1958-specification-of-class-of-persons-defined-as-fast-track-applicants-2016-007/documents"}}