Unauthorised maritime arrivals: IMMI 18/019 disallowed

Migration (IMMI 18/019: Fast Track Applicant Class) Instrument 2018 disallowed

On 13 November 2018, Senator McKim (Greens) moved that legislative instrument IMMI 18/019 be disallowed, which happened the same day. IMMI 18/019 included the following provisions:

3 Authority

This instrument is made under paragraph 5(1AA)(b) of the Migration Act 1958.

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.

Disclaimer: the above is a mere tentative analysis of a disallowance. The views expressed in those documents might not reflect the view of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.

Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au