Migration (Fast Track Applicant Class – Temporary Protection and Safe Haven Enterprise Visas) Instrument 2019
F2019L00506 — as made — Status: Repealed — Made/registered 2019-04-01 — https://www.legislation.gov.au/F2019L00506/latest/text

This is the as-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source.

1    Name
•            This instrument is the Migration (Fast Track Applicant Class – Temporary Protection and Safe Haven Enterprise Visas) Instrument 2019.
•            This instrument may also be cited as LIN 19/007.

2    Commencement
This instrument commences on 2 April 2019.
3    Authority
This instrument is made under paragraph 5(1AA)(b) of the Migration Act 1958.
4    Purpose
(1)           This instrument is made for the purpose of paragraph (b) of the definition of fast track applicant in subsection 5(1) of the Act.
(2)           This instrument specifies a class of persons who are fast track applicants.
5    Definitions
A number of expressions used in this instrument are defined in the Act, including the following:
•        child; and
•        fast track applicant;
•        finally determined;
•        protection visa.

In this instrument:
Act means the Migration Act 1958
Regulations means the Migration Regulations 1994.
Part 2 – Fast track applicants
6         Person who is a fast track applicant
(1)  A person is a fast track applicant if:
(a) either:
(i)  the person holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; or
(ii)  the last substantive visa held by the person was a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; and
(b) the person makes an application, on or after 2 April 2019, for a protection visa.
(2) A person is a fast track applicant if the person makes, or is taken to have made, a valid application for a protection visa that is combined with the application mentioned in paragraph (1)(b).
(3) A person is a fast track applicant if the person:
(a) is the child of a person to whom subsection (1) applied; and
(b) is born after the protection visa application mentioned in paragraph (1)(b) has been finally determined; and
(c) makes an application in Australia for a protection visa.