Commonwealth of Australia

Migration Act 1958

CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/010

(Paragraph 5(1AA)(b))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under paragraph 5(1AA)(b) of the Migration Act 1958 (the Act):

SPECIFY the following classes of persons for the purposes of paragraph (b) of the definition of fast track applicant in section 5(1) of the Act:

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:

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; and

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, Class of Persons Defined as Fast Track Applicants 2016/010, IMMI 16/010, commences on the day after registration on the Federal Register of Legislative Instruments.

Dated: 18 March 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection