Wednesday 30 March 2016

Class of persons defined as "fast track applicants"


Legislative Instrument - F2016L00377 - IMMI 16/010 - Class of persons defined as fast track applicants. 

The Instrument will allow the Minister to lift the relevant application bars so that children born in the migration zone, their parents and siblings are able to submit applications for  Temporary Protection visa or a Safe Haven Enterprise Visas in Australia and have their application assessed under the fast track assessment process established by Schedule 4 of the Migration and Maritime Powers Legislative Amendment (Resolving the Asylum Legacy Caseload) Act 2014.


A fast track applicant is defined as:

a) A person:

  • i) who was born in the migration zone on or after 6 November 2013 and before 5 December 2014; and
  • ii) who is a child of a person who is an unauthorised maritime arrival who entered the migration zone on or after 19 July 2013 and who was taken to the Republic of Nauru under section 198AD of the Act; and
  • iii) who has made a valid application for a protection visa; and
  • iv) who is not an Australian citizen.

 

b) A person:

who is the brother or sister of a person who is included in the class of persons specified in paragraph a) of this Instrument; and

  • i) who is the parent of a person included in the class of persons specified in paragraph (a) of this Instrument; and
  • ii) who is an unauthorised maritime arrival who entered the migration zone on or after 19 July 2013 and who was taken to the Republic of Nauru under section 198AD of the Act; and
  • iii) who has made a valid application for a protection visa; 
  • iv) who is not an Australian citizen.

 

c) A person

  • i) who is the brother or sister of a person who is included in the class of persons specified in paragraph (a) of this Instrument; and
  • ii) who is an unauthorised maritime arrival; and
  • iii) who has made a valid application for a protection visa; and
  • iv) who is not an Australian citizen.

This instrument will commence after registration on the Federal Register of Legislative Instruments.

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