Commonwealth legislation

Migration Act 1958 - Class of Persons Defined as Fast Track Applicants 2016/049

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

5/10 complexity

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.

An 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.

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Current sections

Direct links to the current provisions in Migration Act 1958 - Class of Persons Defined as Fast Track Applicants 2016/049.

CLASS OF PERSONS DEFINED AS FAST TRACK A

CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/049

(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):

REVOKE Instrument IMMI 16/007 (F2016L00455), signed on 24 March 2016; and
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:
1. A person who:
is an unauthorised maritime arrival and was born in the migration zone on or after 1 January 2014; and
is a child of a person who is a fast track applicant within the meaning of paragraph 5(1)(a) of the Act; and
has made a valid application for a protection visa; and
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.

This 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.

Dated: 4 May 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 2016/049