Commonwealth legislation

Migration Act 1958 - Specification of Class of Persons Defined as Fast Track Applicants 2016/007

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

4/10 complexity

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.

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Current sections

Direct links to the current provisions in Migration Act 1958 - Specification of Class of Persons Defined as Fast Track Applicants 2016/007.

CLASS OF PERSONS DEFINED AS FAST TRACK A

CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/007

(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 class of persons for the purposes of paragraph (b) of the definition of fast track applicant in subsection 5(1) of the Act:

A person who:
1. is an unauthorised maritime arrival and was born in the migration zone on or after 1 January 2014; and
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
3. has made a valid application for a protection visa; and
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.

This 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.

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 2016/007