Australian Immigration Daily News

Legislative Instrument F2018L00672 - IMMI 18/019 - Fast Track Applicant Class, 2018 sets out the class of persons for the purpose of visa fast tracking.

In paragraph 5(1AA)(b) of the Migration Act:

(1)  A person is a fast track applicant if:

(a) the person is an unauthorised maritime arrival; and

(b) the person has made a protection claim; and

(c) the person had their protection claim considered, or reconsidered, through an administrative process that occurred in relation to the Act or Regulations, including (but not limited to) the following processes:

(i) Refugee Status Assessment;

(ii) Protection Obligations Evaluation;

(iii) Independent Merits Review;

(iv) Independent Protection Assessment;

(v) International Treaties Obligations Assessment; and

the person has been assessed as not engaging Australia’s protection obligations; and

the person applied to the High Court or Federal Circuit Court to review the assessment and one of the following occurred:

(i) the Court made a declaration that the assessment was not made according to law;

(ii) the Minister withdrew from the court proceedings before the Court made a decision. 

(2) A person is a fast track applicant if the person is the child of a person who is included in the class of persons specified in paragraph (1) above.

This Instrument commences on 1 June 2018.