(1) For paragraph 473CC(2)(b) of the Act, this regulation prescribes directions that the Immigration Assessment Authority is permitted to make in relation to the review of a fast track reviewable decision in respect of a protection visa application by a referred applicant.
(2) It is a permissible direction that:
(a) the referred applicant must be taken to have satisfied the criteria for the visa that are specified in the direction; or
(b) the referred applicant is a refugee within the meaning of subsection 5H(1) of the Act; or
(c) subsection 36(3) of the Act does not apply to the referred applicant; or
(d) the referred applicant satisfies each matter, specified in the direction, that relates to establishing whether the referred applicant is a person to whom Australia has protection obligations because the criterion mentioned in paragraph 36(2)(aa) of the Act is satisfied in relation to the applicant.
(3) However, it is not a permissible direction that:
(a) subsection 5H(1) of the Act applies to the referred applicant; or
(b) subsection 5H(1) does not apply to the referred applicant because of subsection 5H(2); or
(c) the referred applicant satisfies, or does not satisfy, the criterion in subsection 36(1C) of the Act; or
(d) the referred applicant satisfies a matter that relates to establishing whether there are serious reasons for considering that:
(i) the referred applicant has committed a crime against peace, a war crime or a crime against humanity, as defined by an international instrument mentioned in regulation 2.03B; or
(ii) the referred applicant committed a serious non-political crime before entering Australia; or
(iii) the referred applicant has been guilty of acts contrary to the purposes and principles of the United Nations; or
(e) the referred applicant satisfies a matter that relates to establishing whether there are reasonable grounds that:
(i) the referred applicant is a danger to Australia's security; or
(ii) the referred applicant, having been convicted by a final judgment of a particularly serious crime, including a crime that consists of the commission of a serious Australian offence or serious foreign offence, is a danger to the Australian community.
(4) It is a permissible direction that the grant of the visa is not prevented by section 91W, 91WA or 91WB of the Act.