This Part provides a limited form of review of certain decisions (
fast track decisions ) to refuse protection visas to some applicants,
including unauthorised maritime arrivals who entered Australia on or after
13 August 2012, but before 1 January 2014, and who have not been
taken to a regional processing country. These applicants are known as
fast track review applicants and decisions to refuse to grant them
protection visas are known as fast track reviewable decisions .
Fast track decisions made in relation to some applicants are excluded from the
fast track review process. These applicants are known as
excluded fast track review applicants .
Fast track review applicants and excluded fast track review applicants are
collectively known as fast track applicants .
Fast track reviewable decisions must be referred by the Minister to the
Immigration Assessment Authority as soon as reasonably practicable after a
decision is made. A person cannot make an application for review directly to
the Immigration Assessment Authority.
Decisions to refuse to grant protection visas to fast track applicants are
generally not otherwise reviewable under this Act, although some decisions are
reviewable by the Administrative Appeals Tribunal.
The Immigration Assessment Authority consists of the President of the
Administrative Appeals Tribunal, the head of the Migration and Refugee
Division of the Tribunal, the Senior Reviewer and other Reviewers. The
President and that Division head are responsible for the overall
administration and operation of the Immigration Assessment Authority. The
Senior Reviewer is appointed by the President or that Division head. The
Senior Reviewers and other Reviewers are engaged under the Public Service Act
In reviewing fast track reviewable decisions, the
Immigration Assessment Authority is required to pursue the objective of
providing a mechanism of limited review that is efficient, quick, free of bias
and consistent with Division 3 (conduct of review).
The Immigration Assessment Authority does not hold hearings and is required to
review decisions on the papers that are provided to it when decisions are
referred to it. However, in exceptional circumstances the
Immigration Assessment Authority may consider new material and may invite
referred applicants to provide, or comment on, new information at an interview
or in writing.
The Immigration Assessment Authority may affirm a referred decision or may
remit the decision for reconsideration in accordance with directions.
The Immigration Assessment Authority may give directions restricting the
disclosure of information. There are also specific requirements for the giving
and receiving of documents.