Commonwealth legislation

Class of Persons Defined as Fast Track Applicants 2016/008

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This law defines who counts as a "fast track applicant" for protection visas: essentially adults who arrived by boat without a visa between 13 Aug 2012 and 19 Jul 2013, were sent to offshore processing, have since returned to Australia and applied for protection, plus their children born in Australia or offshore to those parents.

It matters because that designation channels claims into a streamlined, stricter process with fewer procedural safeguards and reduced rights to appeal refusals.

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Current sections

Direct links to the current provisions in Class of Persons Defined as Fast Track Applicants 2016/008.

CLASS OF PERSONS DEFINED AS FAST TRACK A

CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/008

(Paragraph 5(1AA)(b))

I, PETER DUTTON Minister for Immigration and Border Protection, acting under paragraph 5(1AA)(b) of the Migration Act 1958 (the Act):

SPECIFY the following classes of persons for the purposes of paragraph (b) of the definition of fast track applicant in section 5(1) of the Act:

A person:

a) who is an unauthorised maritime arrival and transitory person: and

b) who during the period 13 August 2012 until 19 July 2013, was taken to a regional processing country under section 198AD of the Act; and

c) who has returned from the regional processing country to Australia; and

d) who is currently in the migration zone: and

e) who has made a valid application for a protection visa;

A person:

a) who was born in the migration zone or a regional processing country: and

b) who is a child of a person included in the class of persons described in paragraph 1 of this Instrument: and

c) who is currently in the migration zone: and

d) who has made a valid application for a protection visa.

This Instrument, Class of Persons Defined as Fast Track Applicants 2016/008, IMMI 16/008 commences the day after registration on the Federal Register of Legislative Instruments.

Dated: 24 March 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

CLASS OF PERSONS DEFINED AS FAST TRACK A CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/008