Australian Immigration Daily News

A fast track decision is one where the Department of Home Affairs refused the application because of a discrete criterion that does not require a subjective assessment, and evidence has now been given to the Tribunal that unequivocally satisfies the objective criterion in dispute. For example, if a visa application was refused only because suitable evidence of an English test result was not given to the delegate, and evidence of that suitable test result is now given to the Tribunal, a fast track decision may be possible. 

A fast track decision cannot be made where a subjective assessment of criteria is required (eg. genuineness); or where the Tribunal must consider all relevant criteria in order to reach a favourable decision (eg. Employer nomination/sponsorship).  

A high number of unsuitable requests for fast track decisions slow down this important process and reduce the overall efficiency of Tribunal operations, particularly during this difficult time. Requests that cannot be fast-tracked as I have described above will receive a short statement to this effect and the application will be dealt with according to its order of lodgement without further consideration. 

Please also note that a priority processing request and a fast track decision request are two separate processes and are not to be confused. A priority processing request must still be accompanied by compelling reasons in accordance with the Prioritising Cases in Migration and Refugee Division President’s Direction, whilst a fast track decision request is a targeted approach to managing cases and must follow the procedure set out below. 

Representatives should make a submission through the online submission tool or email This email address is being protected from spambots. You need JavaScript enabled to view it.  and include the following: 

•               The text ‘Fast track decision request’ clearly in the subject line,
•               Evidence that the applicant meets the criteria in dispute, and
•               A submission that clearly sets out how this evidence satisfies the criteria in dispute and a favourable decision on the papers can be made. 

This Practice Direction is due for release shortly.