Fast track review
Statutory definition
Part 7AA of the Migration Act 1958 (Cth) establishes the fast track review process for certain "fast track applicants" — broadly, persons who entered Australia by sea as unauthorised maritime arrivals after 13 August 2012 and before 1 January 2014, or who arrived after that date and have not been subject to offshore processing. The review is conducted on the papers (generally without a hearing).
Explanation
Unlike the standard refugee review process (which involves a hearing before the Administrative Review Tribunal), fast track review is conducted on the papers by a reviewing officer (previously in the Immigration Assessment Authority, now within the ART).
Key limitations of fast track review compared to standard review:
- Generally no oral hearing — the review is based on written material
- New information may be considered only in limited circumstances (compelling reasons or exceptional circumstances)
- Decisions are not generally subject to ART reconsideration
The constitutionality and procedural fairness of the fast track regime has been the subject of considerable litigation in the Federal Court and High Court.
How this term is used
A fast track review decision that affirms the refusal of a protection visa may be followed by a ministerial intervention request under s 473GB, but there is no further merits review pathway. Judicial review for jurisdictional error remains available.