Your Temporary Protection visa or Safe Haven Enterprise visa application will be assessed under the Fast Track Assessment process if you:
- arrived on or after 13 August 2012 and before 1 January 2014
- have never been taken to a Regional Processing Centre
- lodge a visa application on or after 18 April 2015.
The Minister could also determine what other groups of people will be processed under the Fast Track Assessment process. We will tell you if you are a fast track applicant.
The Fast Track Assessment process allows protection claims to be assessed efficiently by introducing shorter timeframes for applicants to respond to requests for further information or to respond to adverse information. This means we can make sure our protection visa application process for these asylum seekers is more efficient and effective.
The Fast Track Assessment process also uses a review body called the Immigration Assessment Authority (IAA) that is a separate office within the Administrative Appeals Tribunal (AAT).
If we have questions or concerns about the protection claims you have made or the information you have given, we will give you an opportunity to respond to our questions or concerns. This will be either during your interview or in writing. However, you will be given limited time to give us any new information before we make a decision on your application. It is important that you respond and provide any new information within the timeframes we give you.
Under the Fast Track Assessment process, you will not have access to a full administrative review by the Migration and Refugee Division of the Administrative Appeals Tribunal (formerly the Refugee Review Tribunal). If you are found not to engage Australia's protection obligations, you could get a limited form of review by the IAA, a separate office within the Administrative Appeals Tribunal. You will not be eligible for this review if you are assessed to be an excluded fast track review applicant.
The IAA will only consider information that was available to us when we made the decision to refuse your visa. This includes the information you gave to us in your protection visa application. In most cases, you will not be able to give new information to the IAA. This will only be allowed in exceptional circumstances.
You do not need to apply for IAA review. If you are eligible, we will automatically refer your case to the IAA. We will tell you if we do this.
Excluded fast track review applicants
You will be an excluded fast track review applicant if you have:
- access to a safe third country that you can seek protection from, or are a national of two or more countries
- previously entered Australia and, while in Australia, made an application for a protection visa which was either refused or withdrawn
- been refused protection in another country, including with the United Nations High Commissioner for Refugees (UNHCR)
- made manifestly unfounded claims for protection (that is, your claims have no substance)
- given us a bogus document as part of your protection visa application and do not have a reasonable explanation for doing so.
We will tell you if we find that you fit one of these criteria. We will give you an opportunity to comment and give us more information before we reach a decision.
If we decide that you are an excluded fast track review applicant, you cannot seek merits review of a decision to refuse your visa. You will be expected to make arrangements to