Commonwealth of Australia

Migration Act 1958

CLASS OF PERSONS DEFINED AS FAST TRACK APPLICANTS 2016/049

(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):

  1. REVOKE Instrument IMMI 16/007 (F2016L00455), signed on 24 March 2016; and
  2. SPECIFY the following class of persons for the purposes of paragraph (b) of the definition of fast track applicant in subsection 5(1) of the Act:
    1. A person who:
  1. is an unauthorised maritime arrival and was born in the migration zone on or after 1 January 2014; and
  2. is a child of a person who is a fast track applicant within the meaning of paragraph 5(1)(a) of the Act; and
  3. has made a valid application for a protection visa; and
  4. if the person has a parent who is an unauthorised maritime arrival who entered the migration zone before 13 August 2012 and the parent also made a valid application for a protection visa before the commencement of this Instrument, has not made a valid application for a protection visa that is taken to be combined with the application of his or her parent before the commencement of this Instrument.

This Instrument Class of Persons Defined as Fast Track Applicants 2016/049, IMMI 16/049 commences on the day after registration on the Federal Register of Legislation.

Dated: 4 May 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection