Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 4   Amendments relating to fast track assessment process

Part 1   Fast track assessment process

Migration Act 1958

1   Subsection 5(1)

Insert:

excluded fast track review applicant means a fast track applicant:

(a) who, in the opinion of the Minister:

(i) is covered by section 91C or 91N; or

(ii) has previously entered Australia and who, while in Australia, made a claim for protection relying on a criterion mentioned in subsection 36(2) in an application that was refused or withdrawn; or

(iii) has made a claim for protection in a country other than Australia that was refused by that country; or

(iv) has made a claim for protection in a country other than Australia that was refused by the Office of the United Nations High Commissioner for Refugees in that country; or

(vi) without reasonable explanation provides, gives or presents a bogus document to an officer of the Department or to the Minister (or causes such a document to be so provided, given or presented) in support of his or her application; or

(aa) who makes a claim for protection relying on a criterion mentioned in subsection 36(2) in, or in connection with, his or her application, if, in the opinion of the Minister, the claim is manifestly unfounded because, without limiting what is a manifestly unfounded claim, the claim:

(i) has no plausible or credible basis; or

(ii) if the claim is based on conditions, events or circumstances in a particular country - is not able to be substantiated by any objective evidence; or

(iii) is made for the sole purpose of delaying or frustrating the fast track applicant's removal from Australia; or

(b) who is, or who is included in a class of persons who are, specified by legislative instrument made under paragraph (1AA)(a).

fast track applicant means:

(a) a person:

(i) who is an unauthorised maritime arrival and who entered Australia on or after 13 August 2012, but before 1 January 2014, and who has not been taken to a regional processing country; and

(ii) to whom the Minister has given a written notice under subsection 46A(2) determining that subsection 46A(1) does not apply to an application by the person for a protection visa; and

(iii) who has made a valid application for a protection visa in accordance with the determination; or

(b) a person who is, or who is included in a class of persons who are, specified by legislative instrument made under paragraph (1AA)(b).

Note: Some unauthorised maritime arrivals born in Australia on or after 13 August 2012 may not be fast track applicants even if paragraph (a) applies: see subsection (1AC)

fast track decision means a decision to refuse to grant a protection visa to a fast track applicant, other than a decision to refuse to grant such a visa:

(a) because the Minister or a delegate of the Minister is not satisfied that the applicant passes the character test under section 501; or

(b) relying on:

(i) subsection 5H(2); or

(ii) subsection 36(1B) or (1C); or

(iii) paragraph 36(2C)(a) or (b).

Note: Some decisions made in the circumstances mentioned in paragraph (a), or subparagraph (b)(i) or (iii), of the definition of fast track decision are reviewable by the Administrative Appeals Tribunal in accordance with section 500.

fast track reviewable decision has the meaning given by section 473BB.

fast track review applicant means a fast track applicant who is not an excluded fast track review applicant.

Immigration Assessment Authority means the Authority established by section 473JA.

referred applicant has the meaning given by section 473BB.