Australian Immigration Daily News

The following Instrument made by Peter Dutton on 25 May 2018 has been disallowed on 13 November 2018.  

Here is the disallowance notice: Notification-of-disallowance-fast-track-applicant-class.pdf

The PREVIOUS Fast Track Applicant under Migration (IMMI 18/019: Fast Track Applicant Class) Instrument 2018

Part 2 – Fast track applicants

6 Person who is a fast track applicant
(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

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

(e) 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.