Section 473BB — Definitions — fast track review
Text of provision
Section 473BB — verbatim text unavailable.
Plain English
Section 473BB defines key terms for the Immigration Assessment Authority (IAA) fast track review process. The IAA provides a limited review of certain negative protection visa decisions for persons who arrived in Australia by sea as irregular maritime arrivals (IMAs). The fast track review is significantly more restricted than the full ART review available to other protection visa applicants — it is generally conducted on the papers, without a hearing, and with limited ability to adduce new evidence.
Practical effect
The fast track review regime was introduced to limit the review rights of persons who arrived by irregular means. The IAA review is on the papers only, meaning the applicant does not appear before the reviewer. The IAA may seek additional information in limited circumstances but has no power to require the applicant to attend a hearing. Decisions are not subject to the same level of procedural scrutiny as full merits review decisions. Unsuccessful IAA applicants may seek judicial review in the Federal Court but face the same general constraints as all migration judicial review applicants.