Refugee & Citizenship
11. Fast Track Review Applicants
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 04 Sep 2015
- Under the new laws different review rules apply to ‘fast track review applicants.’
- The rules concern how a person who receives a decision on their claim can seek a review of the decision.
- Fast track review applicants are applicants who:
- arrived by boat on or after 13 August 2012 and before 1 January 2014;
- did not have a valid visa when they arrived;
- have not been taken to a regional processing country such as Nauru; and
- have made a valid application for a protection visa.
- Fast track review applicants cannot apply to the Refugee Review Tribunal for the review of a decision.
- However they can seek review at a new agency called the Immigration Assessment Authority.
- Unlike the Refugee Review Tribunal the Immigration Assessment Authority will not conduct a hearing.
- Applications will only receive a paper review which means their documents will be looked at but they will not necessarily get an opportunity to say anything in person.
- Certain fast track applicants known as ‘excluded fast track review applicants’ will only be able to seek review by the Department of Immigration and Border Protection itself not the Refugee Review Tribunal or the Immigration Assessment Authority.
- Excluded fast track review applicants are applicants who have for example previously made a claim for protection that was refused in Australia or another country or provided a fake document to the government.
- Judicial review (review of the decision in a court) is still available for fast track review applicants including excluded fast track review applicants.
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