in relation to a vessel or aircraft detained under subsection 69(1)—see subsections 69(2), (3) and (3A); or

in relation to a person detained under subsection 72(4)—see subsections 72(4), (4A) and (4B).

because of a failure to consider Australia’s international obligations, or the international obligations or domestic law of any other country; or

because of a defective consideration of Australia’s international obligations, or the international obligations or domestic law of any other country; or

because the exercise of the power is inconsistent with Australia’s international obligations.

(a) take the vessel or aircraft, or cause the vessel or aircraft to be taken, to a place (the destination); and

remain in control of the vessel or aircraft, or require the person in charge of the vessel or aircraft to remain in control of the vessel or aircraft, at the destination, until whichever of the following occurs first:

the vessel or aircraft is returned to a person referred to in subsection 87(1);

action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

in the migration zone; or

outside the migration zone (including outside Australia).

that different place is then the destination; but

this does not affect the exercise of powers under this Act before the change.

for any period reasonably required:

to decide which place should be the destination; or

to consider whether the destination should be changed to a different place under subsection 69(3A), and (if it should be changed) to decide what that different place is; and

for any period reasonably required for the Minister to consider whether to make or give a determination or direction under section 75D, 75F or 75H in relation to:

a matter referred to in subparagraph (a)(i) or (ii); or

any other matter relating to the exercise of powers in relation to the vessel or aircraft, or in relation to persons on (or suspected as having been on) the vessel or aircraft; and

for the period it actually takes to travel to the destination.

the period it actually takes to travel to the destination may include stopovers at other places on the way to the destination, and time for other logistical, operational or other contingencies relating to travelling to the destination; and

there is no requirement that the most direct route to the destination must be taken.

the vessel or aircraft is returned to a person referred to in subsection 87(1);

action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

in the migration zone; or

outside the migration zone (including outside Australia).

that different place is then the destination; but

this does not affect the exercise of powers under this Act before the change.

for any period reasonably required:

to decide which place should be the destination; or

to consider whether the destination should be changed to a different place under subsection 72(4B), and (if it should be changed) to decide what that different place is; and

for any period reasonably required for the Minister to consider whether to make or give a determination or direction under section 75D, 75F or 75H in relation to:

a matter referred to in subparagraph (a)(i) or (ii); or

any other matter relating to the exercise of powers in relation to the person; and

for the period it actually takes to travel to the destination; and

for any period reasonably required to make and effect arrangements relating to the release of the person.

the period it actually takes to travel to the destination may include stopovers at other places on the way to the destination, and time for other logistical, operational or other contingencies relating to travelling to the destination; and

there is no requirement that the most direct route to the destination must be taken.

the arrest of the person; or

the detention of the person under another Australian law; or

the exercise of any other power in relation to the person.

because of a failure to consider Australia’s international obligations, or the international obligations or domestic law of any other country; or

because of a defective consideration of Australia’s international obligations, or the international obligations or domestic law of any other country; or

because the exercise of the power is inconsistent with Australia’s international obligations.

the destination to which a vessel, aircraft or person is taken (or caused to be taken) under section 69 or 72:

does not have to be in a country; and

without limiting subparagraph (i)—may be just outside a country; and

may be a vessel; and

a vessel, aircraft or person may be taken (or caused to be taken) to a destination under section 69 or 72:

whether or not Australia has an agreement or arrangement with any other country relating to the vessel or aircraft (or the persons on it), or the person; and

irrespective of the international obligations or domestic law of any other country.

the exercise of power is:

covered by a determination in force under subsection (2); or

required by a direction in force under paragraph 75F(2)(a); and

the exercise of power is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of Division 5 of Part 2.

unless paragraph (b) applies—when it is made; or

if the determination or instrument specifies a later time as the time when it is to come into force—at that later time.

an instrument revoking the determination comes into force;

if the determination is expressed to cease to be in force at a specified time—the time so specified.

requiring the exercise of a power or powers in a specified circumstance, or in circumstances in a specified class, in a specified manner; or

relating to the exercise of a power or powers in a specified circumstance, in a specified class of circumstances or more generally.

specifying a place that is to be, or is not to be, the destination to which a vessel, aircraft or person is taken under paragraph 69(2)(a) or subsection 72(4); or

specifying matters to be taken into account in deciding the destination to which a vessel, aircraft or person is to be so taken.

unless paragraph (b) applies—when it is made; or

if the direction or instrument specifies a later time as the time when it is to come into force—at that later time.

an instrument revoking the direction comes into force;

if the direction is expressed to cease to be in force at a specified time—the time so specified.

the direction is taken to constitute an authorisation of the exercise of the power or powers in accordance with the direction; and

that authorisation is taken (despite section 23) to remain in force while the direction is in force.

the vessel is being used in the exercise (or purported exercise) of powers under subsection 72(4) or (5), or the Commonwealth intends that the vessel is for use in the exercise of such powers;

the vessel is specified in, or is included in a class of vessels specified in, a determination under subsection (4) that is in force;

if the determination states that it has effect, in relation to the vessel or class of vessels, only in specified circumstances—those circumstances exist;

if the determination states that it has effect, in relation to the vessel or the class of vessels, only in one or more specified periods—the time is in that period, or one of those periods.

(a) the Navigation Act 2012; and

(b) the Shipping Registration Act 1981; and

the Marine Safety (Domestic Commercial Vessel) National Law.

that it has effect, in relation to the vessel or class of vessels, only in specified circumstances;

that it has effect, in relation to the vessel or the class of vessels, only in one or more specified periods.

unless paragraph (b) applies—when it is made; or

if the determination or instrument specifies a later time as the time when it is to come into force—at that later time.

an instrument revoking the determination comes into force;

if the determination is expressed to cease to be in force at a specified time—the time so specified.

the person who owned the thing; or

a person who had possession or control of the thing immediately before it was seized, retained or detained.

(pa) decisions under Maritime Powers Act 2013;section 75D, 75F or 75H of the

(c) imposes any obligation on the Minister or another Minister to exercise, or to consider exercising, any power conferred by or under the migration law or the Maritime Powers Act 2013.

(ba) the person entered the migration zone as a result of the exercise of powers under Maritime Powers Act 2013; orDivision 7 or 8 of Part 3 of the

an authorisation for the exercise of the powers was given under Division 2 of Part 2 of that Act before the commencement of the amending Part; or

the powers are exercised:

in the course of a continuous exercise of powers that started before the commencement of the amending Part; or

(ii) without limiting subparagraph (i)—in relation to a person, vessel or aircraft who or that started to be detained, or otherwise held, under Maritime Powers Act 2013 before that commencement; orDivision 7 or 8 of Part 3 of the

in any other situation in relation to which powers were (or could have been) exercised under that Act before that commencement.

vessels that, after the commencement of the amending Part, are detained as mentioned in subsection 75H(1), even if the vessels started to be so detained before that commencement; and

vessels that, after the commencement of the amending Part, are being used, or that are intended for use, as mentioned in paragraph 75H(2)(a), even if the vessels started to be so used, or intended for use, before that commencement.

(a) permanent protection visas (classified by the Migration Regulations 1994 as Protection (Class XA) visas when this definition commenced);

other protection visas formerly provided for by subsection 36(1);

(c) temporary protection visas (classified by the Migration Regulations 1994 as Temporary Protection (Class XD) visas when this definition commenced);

any additional classes of permanent or temporary visas that are prescribed as protection visas by the regulations.

section 32 (special category visas);

section 33 (special purpose visas);

section 34 (absorbed person visas);

section 35 (ex-citizen visas);

subsection 35A(2) (permanent protection visas);

subsection 35A(3) (temporary protection visas);

section 37 (bridging visas);

section 37A (temporary safe haven visas);

section 38 (criminal justice visas);

section 38A (enforcement visas);

section 38B (maritime crew visas).

the criteria set out in section 36; and

any other relevant criteria prescribed by regulation for the purposes of section 31.

an application for a visa of a class provided for by section 35A (protection visas—classes of visas), including (without limitation) an application for a visa of a class formerly provided for by subsection 36(1) that was made before the commencement of this paragraph; or

safe haven enterprise visas;

subsection 35A(3A) (safe haven enterprise visas);

safe haven enterprise visas (see subsection 35A(3A));

safe haven enterprise visas (see subsection 35A(3A));

safe haven enterprise visas (see subsection 35A(3A));

does not hold, and has not ever held, a Safe Haven Enterprise (Class XE) visa; and

holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or

A is a member of B’s family unit; or

B is a member of A’s family unit; or

A and B are members of the family unit of a third person.

claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and

makes specific claims as to why that criterion is satisfied.

to whom subclause (2) applies; and

who is an applicant for a Subclass 790 (Safe Haven Enterprise) visa.

the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and

the applicant mentioned in subclause (2) has been granted a Subclass 790 (Safe Haven Enterprise) visa.

a Medical Officer of the Commonwealth;

a medical practitioner approved by the Minister for the purposes of this paragraph;

a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

who is confirmed by a relevant medical practitioner to be pregnant; and

who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

who the Minister is satisfied should not be required to undergo a chest x-ray examination at this time.

the results of any tests carried out for the purposes of the medical examination required under clause 790.222; and

the radiological report (if any) required under clause 790.223 in respect of the applicant.

is not a Medical Officer of the Commonwealth; and

considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;

satisfies public interest criteria 4001 and 4003A; and

if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

the applicant is a member of the same family unit as an applicant to whom subclause 790.221(2) applies; and

the applicant to whom subclause 790.221(2) applies has been granted a Subclass 790 (Safe Haven Enterprise) visa.

(a) if the holder of the temporary visa (the first visa) makes a valid application for another Subclass 790 (Safe Haven Enterprise) visa within 5 years after the grant of the first visa—the day when the application is finally determined or withdrawn; or

in any other case—the end of 5 years from the date of grant of the first visa.

either:

the applicant holds a safe haven enterprise visa (see subsection 35A(3A)); or

the applicant is a lawful non-citizen who has ever held a safe haven enterprise visa; and

the application is for a visa prescribed for the purposes of this paragraph; and

the applicant satisfies any employment, educational or social security benefit requirements prescribed in relation to the safe haven enterprise visa for the purposes of this paragraph.

apply in relation to an application for a visa that had not been finally determined immediately before the commencement of that Division; and

apply in relation to an application for a visa made on or after the commencement of that Division; and

in the case of the amendments of section 48A of that Act made by that Division—apply in relation to an application for a protection visa mentioned in paragraph 48A(1)(a) or (b), or paragraph 48A(1AA)(a) or (b), of that Act that was made, or taken to have been made:

on or after the commencement of that Division; or

at any time before the commencement of that Division (whether or not the application had been finally determined at that time).

(a) a person has made a valid application (a pre-conversion application) for a visa (a pre-conversion visa) of a particular class; and

the pre-conversion visa has not been granted to the person, whether or not a migration decision has been made in relation to the pre-conversion application; and

since the application was made, one or more of the following events has occurred:

the requirements for making a valid application for that class of visa change;

the criteria for the grant of that class of visa change;

that class of visa ceases to exist; and

had the application been made after the event (or events) occurred, because of that event (or those events):

the application would not have been valid; or

that class of visa could not have been granted to the person.

classes of visas, including protection visas and any other classes of visas provided for by this Act or the regulations; and

classes of applicants, including applicants having a particular status; and

applicants for a visa who are taken to have applied for the visa by the operation of this Act or the regulations.

is taken not to be, and never to have been, a valid application for the pre-conversion visa; and

(b) is taken to be, and always to have been, a valid application (a converted application) for a visa of a different class (specified by the conversion regulation) made by the applicant for the pre-conversion visa.

is taken not to have been made on 1 August 2014 (or ever); and

is taken to be, and always to have been, a converted application for another type of visa made on 1 August 2014.

prescribe a class or classes of pre-conversion visas; and

prescribe a class of applicants for pre-conversion visas; and

(c) prescribe a time (the conversion time) when the regulation is to start to apply in relation to a pre-conversion application, including different conversion times depending on the occurrence of different events.

that payment is taken not to have been paid as the first instalment of the visa application charge for the pre-conversion application; and

that payment is taken to be payment of the first instalment of the visa application charge for the converted application, even if the first instalment of the visa application charge that would otherwise be payable for the converted application is greater than the actual amount paid for the first instalment of the visa application charge for the pre-conversion application; and

in a case in which the first instalment of the visa application charge payable for the converted application is less than the actual amount paid for the first instalment of the visa application charge for the pre-conversion application, no refund is payable in respect of the difference only for that reason.

the bridging visa application is taken to have been applied for because of the converted application; and

the bridging visa (if granted) has effect as if it were granted because of the converted application.

(a) subsection 12(2) of the Legislative Instruments Act 2003 does not apply in relation to the effect of a conversion regulation (including a conversion regulation enacted by the Parliament); and

(b) subsection 7(2) of the Acts Interpretation Act 1901, including that subsection as applied by section 13 of the Legislative Instruments Act 2003, does not apply in relation to the enactment of this section or the making of a conversion regulation (including a conversion regulation enacted by the Parliament).

a reference to an application for a visa made by or on behalf of a non-citizen includes a reference to an application for a visa that is taken to have been made by the non-citizen by the operation of this Act or a regulation; and

a reference to the cancellation of a visa includes a reference to the cancellation of a visa for which an application is taken to have been made by the operation of this Act or a regulation.

permanent protection visas (classified by these Regulations as Protection (Class XA) visas when this definition commenced);

other protection visas formerly provided for by subsection 36(1) of the Act;

temporary protection visas (classified by these Regulations as Temporary Protection (Class XD) visas when this definition commenced);

any additional classes of permanent or temporary visas that are prescribed as protection visas by the regulations.

An application by a person for a Protection (Class XA) visa is valid only if the person:

does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; and

does not hold, and has not ever held, a Temporary Safe Haven (Class UJ) visa; and

does not hold, and has not ever held, a Temporary (Humanitarian Concern) (Class UO) visa; and

held a visa that was in effect on the person’s last entry into Australia; and

is not an unauthorised maritime arrival; and

was immigration cleared on the person’s last entry into Australia.

A is a member of B’s family unit; or

B is a member of A’s family unit; or

A and B are members of the family unit of a third person.

claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and

makes specific claims as to why that criterion is satisfied.

to whom subclause (2) applies; and

who is an applicant for a Subclass 785 (Temporary Protection) visa.

the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and

the applicant mentioned in subclause (2) has been granted a Subclass 785 (Temporary Protection) visa.

a Medical Officer of the Commonwealth;

a medical practitioner approved by the Minister for the purposes of this paragraph;

a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

who is confirmed by a relevant medical practitioner to be pregnant; and

who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

who the Minister is satisfied should not be required to undergo a chest x-ray examination at this time.

the results of any tests carried out for the purposes of the medical examination required under clause 785.222; and

the radiological report (if any) required under clause 785.223 in respect of the applicant.

is not a Medical Officer of the Commonwealth; and

considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;

satisfies public interest criteria 4001 and 4003A; and

if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

the applicant is a member of the same family unit as an applicant to whom subclause 785.221(2) applies; and

the applicant to whom subclause 785.221(2) applies has been granted a Subclass 785 (Temporary Protection) visa.

(a) if the holder of the temporary visa (the first visa) makes a valid application for another Subclass 785 (Temporary Protection) visa within 3 years after the grant of the first visa—the day when the application is finally determined or withdrawn; or

in any other case—the earlier of:

the end of 3 years from the date of grant of the first visa; and

the end of any shorter period, specified by the Minister, from the date of grant of the first visa.

claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and

makes specific claims as to why that criterion is satisfied.

to whom subclause (2) applies; and

who is an applicant for a Subclass 866 (Protection) visa.

the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and

the applicant mentioned in subclause (2) has been granted a Subclass 866 (Protection) visa.

the applicant is a member of the same family unit as an applicant to whom subclause 866.221(2) applies; and

the applicant to whom subclause 866.221(2) applies has been granted a Subclass 866 (Protection) visa.

enter a country by reference to which:

the holder was found to be a person to whom Australia has protection obligations; or

for a member of the family unit of another holder—the other holder was found to be a person to whom Australia has protection obligations; or

enter any other country unless:

the Minister is satisfied that there are compassionate or compelling circumstances justifying the entry; and

the Minister has approved the entry in writing.

Subclass 785, including a Subclass 785 visa granted before 2 December 2013;

protection visas (including Protection (Class AZ) visas, see subsection 35A(5) of the Act);

a visa application made on or after the commencement of Division 1 of that Part; and

a visa application that is taken to be, and always to have been, a valid application for a Temporary Protection (Class XD) visa by the operation of paragraph 2.08F(1)(b) of these Regulations (as inserted by Division 2 of that Part).

special category visas (see section 32);

permanent protection visas (see subsection 35A(2));

temporary protection visas (see subsection 35A(3));

bridging visas (see section 37);

temporary safe haven visas (see section 37A);

maritime crew visas (see section 38B).

it is not prevented by any provision of this Act, or of any other law of the Commonwealth, including, without limitation, the following provisions of this Act:

section 48 (visa refused or cancelled earlier);

section 48A (protection visa refused or cancelled earlier);

section 161 (criminal justice visa holders);

section 164D (enforcement visa holders);

section 195 (detainee applying out of time);

section 501E (earlier refusal or cancellation on character grounds); and

it is not invalid under any provision of this Act, or of any other law of the Commonwealth, including, without limitation, the following provisions of this Act:

section 46AA (visa applications, and the grant of visas, for some Act-based visas);

section 46A (visa applications by unauthorised maritime arrivals);

section 46B (visa applications by transitory persons);

section 91E or 91G (CPA and safe third countries);

section 91K (temporary safe haven visas);

section 91P (non-citizens with access to protection from third countries).

special category visas (see section 32);

permanent protection visas (see subsection 35A(2));

temporary protection visas (see subsection 35A(3));

bridging visas (see section 37);

temporary safe haven visas (see section 37A);

maritime crew visas (see section 38B).

special category visas (see section 32);

permanent protection visas (see subsection 35A(2));

temporary protection visas (see subsection 35A(3));

bridging visas (see section 37);

temporary safe haven visas (see section 37A);

maritime crew visas (see section 38B).

there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be a valid application;

there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be granted.

an application for the visa is invalid unless the application satisfies both:

any applicable criteria under this Act that relate to applications for visas of that class; and

any applicable criteria prescribed by regulation that relate to applications for visas of that class; and

the visa must not be granted unless the application satisfies both:

any applicable criteria under this Act that relate to the grant of visas of that class; and

any applicable criteria prescribed by regulation that relate to the grant of visas of that class.

who, in the opinion of the Minister:

is covered by section 91C or 91N; or

has previously entered Australia and who, while in Australia, made a claim for protection relying on a criterion mentioned in subsection 36(2) in an application that was refused or withdrawn; or

has made a claim for protection in a country other than Australia that was refused by that country; or

has made a claim for protection in a country other than Australia that was refused by the Office of the United Nations High Commissioner for Refugees in that country; or

without reasonable explanation provides, gives or presents a bogus document to an officer of the Department or to the Minister (or causes such a document to be so provided, given or presented) in support of his or her application; or

who makes a claim for protection relying on a criterion mentioned in subsection 36(2) in, or in connection with, his or her application, if, in the opinion of the Minister, the claim is manifestly unfounded because, without limiting what is a manifestly unfounded claim, the claim:

has no plausible or credible basis; or

if the claim is based on conditions, events or circumstances in a particular country—is not able to be substantiated by any objective evidence; or

is made for the sole purpose of delaying or frustrating the fast track applicant’s removal from Australia; or

who is, or who is included in a class of persons who are, specified by legislative instrument made under paragraph (1AA)(a).

a person:

who is an unauthorised maritime arrival and who entered Australia on or after 13 August 2012, but before 1 January 2014, and who has not been taken to a regional processing country; and

to whom the Minister has given a written notice under subsection 46A(2) determining that subsection 46A(1) does not apply to an application by the person for a protection visa; and

who has made a valid application for a protection visa in accordance with the determination; or

a person who is, or who is included in a class of persons who are, specified by legislative instrument made under paragraph (1AA)(b).

because the Minister or a delegate of the Minister is not satisfied that the applicant passes the character test under section 501; or

relying on:

subsection 5H(2); or

subsection 36(1B) or (1C); or

paragraph 36(2C)(a) or (b).

(a) paragraph (b) of the definition of excluded fast track review applicant in subsection (1);

(b) paragraph (b) of the definition of fast track applicant in subsection (1).

the person is born in Australia on or after 13 August 2012; and

the person is the child of an unauthorised maritime arrival who entered Australia before 13 August 2012.

would be the reason, or part of the reason:

for refusing to grant a visa; or

for deciding that the applicant is an excluded fast track review applicant; and

in the case of a fast track decision that is not a fast track reviewable decision—state that the decision is not subject to review under Part 5, 7 or 7AA.

the following persons constitute a Statutory Agency:

the Principal Member of the Refugee Review Tribunal;

the persons mentioned in subsection 407(4) (officers of the Migration Review Tribunal);

the persons mentioned in subsection 472(4), including the persons who are made available to the Immigration Assessment Authority under subsection 473JE(2) (officers of the Refugee Review Tribunal);

the persons mentioned in subsection 473JE(1) (Reviewers of the Immigration Assessment Authority); and

a fast track decision in relation to a fast track review applicant; or

a fast track decision determined under section 473BC;

it would be contrary to the national interest to change the decision; or

it would be contrary to the national interest for the decision to be reviewed.

a statement that:

sets out the findings of fact made by the person who made the decision; and

refers to the evidence on which those findings were based; and

gives the reasons for the decision;

material provided by the referred applicant to the person making the decision before the decision was made;

any other material that is in the Secretary’s possession or control and is considered by the Secretary (at the time the decision is referred to the Authority) to be relevant to the review;

the following details:

the last address for service provided to the Minister by the referred applicant for the purposes of receiving documents;

the last residential or business address provided to the Minister by the referred applicant for the purposes of receiving documents;

the last fax number, email address or other electronic address provided to the Minister by the referred applicant for the purposes of receiving documents;

if an address or fax number mentioned in subparagraph (i), (ii) or (iii) has not been provided to the Minister by the referred applicant, or if the Minister reasonably believes that the last such address or number provided to the Minister is no longer correct—such an address or number (if any) that the Minister reasonably believes to be correct at the time the decision is referred to the Authority;

if the referred applicant is a minor—the last address or fax number of a kind mentioned in subparagraph (i), (ii), (iii) or (iv) (if any) for a carer of the minor.

affirm the fast track reviewable decision; or

remit the decision for reconsideration in accordance with such directions or recommendations of the Authority as are permitted by regulation.

without accepting or requesting new information; and

without interviewing the referred applicant.

were not before the Minister when the Minister made the decision under section 65; and

the Authority considers may be relevant.

in writing; or

at an interview, whether conducted in person, by telephone or in any other way.

the Authority is satisfied that there are exceptional circumstances to justify considering the new information; and

the referred applicant satisfies the Authority that, in relation to any new information given, or proposed to be given, to the Authority by the referred applicant, the new information:

was not, and could not have been, provided to the Minister before the Minister made the decision under section 65; or

is credible personal information which was not previously known and, had it been known, may have affected the consideration of the referred applicant’s claims.

give to the referred applicant particulars of any new information, but only if the new information:

has been, or is to be, considered by the Authority under section 473DD; and

would be the reason, or a part of the reason, for affirming the fast track reviewable decision; and

explain to the referred applicant why the new information is relevant to the review; and

invite the referred applicant, orally or in writing, to give comments on the new information:

in writing; or

at an interview, whether conducted in person, by telephone or in any other way.

is not specifically about the referred applicant and is just about a class of persons of which the referred applicant is a member; or

is non-disclosable information; or

is prescribed by regulation for the purposes of this paragraph.

invited under section 473DC to give new information in writing or at an interview; or

invited under section 473DE to give comments on new information in writing or at an interview.

without taking any further action to get the information or the referred applicant’s comments on the information; or

without taking any further action to allow or enable the referred applicant to take part in a further interview.

sets out the decision of the Authority on the review; and

sets out the reasons for the decision; and

records the day and time the statement is made.

by the making of the written statement; and

on the day, and at the time, the written statement is made.

return to the Secretary any document that the Secretary has provided in relation to the review; and

give the Secretary a copy of any other document that contains evidence or material on which the findings of fact were based.

a failure to record, under paragraph (1)(c), the day and time when the written statement was made; or

a failure to comply with subsection (4).

within 14 days after the day on which the decision is taken to have been made; and

by one of the methods specified in section 473HB.

within 14 days after the day on which the decision is taken to have been made; and

by one of the methods specified in section 473HC.

the operations of the Immigration Assessment Authority; and

the conduct of reviews by the Authority.

relate to the application of efficient processing practices in the conduct of reviews by the Immigration Assessment Authority; or

set out procedures to be followed by persons giving new information to the Authority in writing or at interview.

because it would prejudice the security, defence or international relations of Australia; or

because it would involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

the Minister has certified, under subsection (5), that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest for any reason specified in the certificate (other than a reason set out in paragraph 473GA(1)(a) or (b)) that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter contained in the document, or the information, should not be disclosed; or

the document, the matter contained in the document, or the information was given to the Minister, or to an officer of the Department, in confidence.

must notify the Authority in writing that this section applies in relation to the document or information; and

may give the Authority any written advice that the Secretary thinks relevant about the significance of the document or information.

may, for the purpose of the exercise of its powers in relation to a fast track reviewable decision in respect of a referred applicant, have regard to any matter contained in the document, or to the information; and

may, if the Authority thinks it appropriate to do so having regard to any advice given by the Secretary under subsection (2), disclose any matter contained in the document, or the information, to the referred applicant.

a Reviewer; or

a person acting as a Reviewer; or

a person mentioned in subsection 473JE(2) who is assisting the Immigration Assessment Authority; or

a person providing interpreting services in connection with a review by the Authority.

make a record of any information to which this section applies; or

divulge or communicate to any person any information to which this section applies;

for the purposes of this Act; or

for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act.

a court; or

a tribunal; or

a House of the Parliament of the Commonwealth, of a State or of a Territory; or

a committee of a House, or the Houses, of the Parliament of the Commonwealth, of a State or of a Territory; or

any other authority or person having power to require the production of documents or the answering of questions;

any information given to the Immigration Assessment Authority; or

the contents of any document produced to the Authority;

must be in writing; and

must be notified in a way that the Principal Member considers appropriate.

excuse the Immigration Assessment Authority from its obligations under section 473EA; or

prevent a person from communicating to another person a matter contained in the evidence, information or document, if the first-mentioned person has knowledge of the matter otherwise than because of the evidence or the information having been given or the document having been produced to the Authority.

a provision of this Act or the regulations requires or permits the Immigration Assessment Authority to give a document to a person; and

the provision does not state that the document must be given:

by one of the methods specified in section 473HB or 473HC; or

by a method prescribed for the purposes of giving documents to a person in immigration detention;

the individual has day-to-day care and responsibility for the minor; or

the individual works in or for an organisation that has day-to-day care and responsibility for the minor and the individual’s duties, whether alone or jointly with another person, involve care and responsibility for the minor.

(a) require or permit the Immigration Assessment Authority to give a document to a person (the recipient); and

state that the Authority must do so by one of the methods specified in this section;

who is at least 18 years of age; and

who the Authority reasonably believes:

has day-to-day care and responsibility for the minor; or

works in or for an organisation that has day-to-day care and responsibility for the minor and whose duties, whether alone or jointly with another person, involve care and responsibility for the minor.

is at the last residential or business address of the recipient provided to the Immigration Assessment Authority in connection with the review; and

appears to live there (in the case of a residential address) or work there (in the case of a business address); and

appears to be at least 16 years of age.

within 3 working days (in the place of dispatch) of the date of the document; and

by prepaid post or by other prepaid means; and

to:

the last address for service of the recipient provided to the Immigration Assessment Authority in connection with the review; or

the last residential or business address of the recipient provided to the Authority in connection with the review; or

if the recipient is a minor—the last address for a carer of the minor provided to the Authority.

fax; or

email; or

other electronic means;

the last fax number, email address or other electronic address, as the case may be, of the recipient provided to the Immigration Assessment Authority; or

if the recipient is a minor—the last fax number, email address or other electronic address, as the case may be, for a carer of the minor that is provided to the Authority.

require or permit the Immigration Assessment Authority to give a document to the Secretary; and

state that the Authority must do so by one of the methods specified in this section;

within 3 working days (in the place of dispatch) of the date of the document; and

by post or by other means; and

to an address, notified to the Immigration Assessment Authority in writing by the Secretary, to which such documents can be dispatched.

fax; or

email; or

other electronic means;

the Immigration Assessment Authority purports to give a document to a person in accordance with a method specified in section 473HB (including in a case covered by section 473HA) but makes an error in doing so; and

the person nonetheless receives the document or a copy of it;

by a method set out in directions under section 473FB; or

if the regulations set out a method for doing so—by that method.

a fast track reviewable decision in respect of a referred applicant is referred for review; and

(b) the referred applicant gives the Immigration Assessment Authority written notice of the name and address of another person (the authorised recipient) authorised by the referred applicant to receive documents in connection with the review;

the Principal Member;

the Senior Reviewer and other Reviewers.

during a vacancy in the office of Senior Reviewer, whether or not an appointment has previously been made to that office; or

during any period, or during all periods, when the Senior Reviewer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Senior Reviewer.

in the case of a migration decision made by the Immigration Assessment Authority—the date of the written statement under subsection 473EA(1); or

if the migration decision concerned is made on review under Part 7AA—the referred applicant in the review by the Immigration Assessment Authority; or

by a Tribunal under Part 5 or 7 or section 500; or

by the Immigration Assessment Authority under Part 7AA.

(a) the decision was made relying on paragraph 36(2)(aa) or (c) of the Migration Act 1958; and

the application for the visa is not finally determined before the day that Part commences; and

those paragraphs are repealed before the application is finally determined.

non-refoulement obligations that may arise because Australia is a party to:

the Refugees Convention; or

the Covenant; or

the Convention Against Torture; and

any obligations accorded by customary international law that are of a similar kind to those mentioned in paragraph (a).

the Covenant; or

the Convention Against Torture.

to improve the procedures for determining claims from people seeking protection as refugees; and

an unauthorised maritime arrival who makes a claim for protection as a refugee; or

in a case where the person has a nationality—is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or

in a case where the person does not have a nationality—is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.

the person has committed a crime against peace, a war crime or a crime against humanity, as defined by international instruments prescribed by the regulations; or

the person committed a serious non-political crime before entering Australia; or

the person has been guilty of acts contrary to the purposes and principles of the United Nations.

the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and

there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and

the real chance of persecution relates to all areas of a receiving country.

conflict with a characteristic that is fundamental to the person’s identity or conscience; or

conceal an innate or immutable characteristic of the person; or

without limiting paragraph (a) or (b), require the person to do any of the following:

alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;

conceal his or her true race, ethnicity, nationality or country of origin;

alter his or her political beliefs or conceal his or her true political beliefs;

conceal a physical, psychological or intellectual disability;

enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;

alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.

that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and

the persecution must involve serious harm to the person; and

the persecution must involve systematic and discriminatory conduct.

a threat to the person’s life or liberty;

significant physical harassment of the person;

significant physical ill-treatment of the person;

significant economic hardship that threatens the person’s capacity to subsist;

denial of access to basic services, where the denial threatens the person’s capacity to subsist;

denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.

disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and

disregard any fear of persecution, or any persecution, that:

the first person has ever experienced; or

any other member or former member (whether alive or dead) of the family has ever experienced;

a characteristic is shared by each member of the group; and

the person shares, or is perceived as sharing, the characteristic; and

any of the following apply:

the characteristic is an innate or immutable characteristic;

the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;

the characteristic distinguishes the group from society; and

the characteristic is not a fear of persecution.

protection against persecution could be provided to the person by:

the relevant State; or

a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and

the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.

the person can access the protection; and

the protection is durable; and

in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.

a serious Australian offence; or

a serious foreign offence.

both of the criteria in subsections (1B) and (1C); and

is a danger to Australia’s security; or

having been convicted by a final judgment of a particularly serious crime, is a danger to the Australian community.

an application for a visa, a criterion for which is that the applicant is a non-citizen who is a refugee; or

to refuse under section 65 to grant a protection visa relying on subsection 5H(2) or 36(1C);

to refuse under section 65 to grant a protection visa relying on subsection 5H(2) or 36(1C);

a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or

if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.

subsection 5H(2), or 36(1B) or (1C); or

subsection 5H(2) or 36(1C); or

subsection 5H(2) or 36(1C); or

subsection 5H(2) or 36(1C); or

a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or

if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.

subsection 5H(2) or 36(1C); or

a decision to refuse to grant a protection visa, or to cancel a protection visa, that was made relying on subsection 5H(2) or 36(1C);

the child was born in a regional processing country to which the parent was taken as mentioned in the relevant paragraph; and

the child was not an Australian citizen at the time of birth; or

the child of a transitory person mentioned in paragraph (aa) or (b), if:

the child was born in the migration zone; and

the child was not an Australian citizen at the time of birth.

the person is born in the migration zone; and

a parent of the person is, at the time of the person’s birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

the person is not an Australian citizen at the time of birth.

the person is born in a regional processing country; and

a parent of the person is, at the time of the person’s birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

the person is not an Australian citizen at the time of his or her birth.

an unlawful non-citizen who is not an unauthorised maritime arrival has been brought to Australia under section 198B for a temporary purpose; and

the non-citizen gives birth to a child while the non-citizen is in Australia; and

(c) the child is a transitory person within the meaning of paragraph (e) of the definition of transitory person in subsection 5(1).

the person is an unauthorised maritime arrival who is brought to Australia from a regional processing country under section 198B for a temporary purpose; and

the person is detained under section 189; and

the person no longer needs to be in Australia for the temporary purpose (whether or not the purpose has been achieved).

a transitory person covered by subsection (1A) gives birth to the transitory child while in Australia; and

the transitory child is detained under section 189; and

(c) the transitory child is a transitory person because of paragraph (e) of the definition of transitory person in subsection 5(1).

(a) the entry of a person into Australia at any time, whether before, on or after the commencement day (or that entry as it is taken to have occurred on birth under Migration Act 1958);section 10 of the

the status of a person as an unauthorised maritime arrival or a transitory person at any time:

whether before, on or after the commencement day; and

whether the person is born before, on or after the commencement day;

the status of a person as an unlawful non-citizen at any time, whether before, on or after the commencement day;

the detention of a person at any time, whether before, on or after the commencement day, and the performance or exercise of a function, duty or power in relation to such detention;

the performance or exercise of a function, duty or power in relation to a person under the commencement day;Division 8 of Part 2 of that Act at any time, whether before, on or after

an application for a visa by a person made at any time, whether before, on or after the commencement day, including the performance or exercise of a function, duty or power in relation to such an application.

the removal of unlawful non-citizens from Australia to a place outside Australia (Subdivision A); and

the taking of unauthorised maritime arrivals from Australia to a regional processing country (Subdivision B); and

transitory persons to be brought to Australia from a place outside Australia (Subdivision C).

a bridging visa;

a temporary safe haven visa;

a temporary (humanitarian concern) visa;

a temporary protection visa granted before 2 December 2013.

the application is made at any time, whether before, on or after the commencement day; and

the Minister has made a determination under subsection 46A(2) of that Act in relation to an application by a parent of the child, made before the commencement day, for the same kind of visa.

a bridging visa;

a temporary safe haven visa;

a temporary (humanitarian concern) visa;

a temporary protection visa granted before 2 December 2013.

the application is made at any time, whether before, on or after the commencement day; and

the Minister has made a determination under subsection 46B(2) of that Act in relation to an application by a parent of the child, made before the commencement day, for the same kind of visa.

(a) a person may be an unauthorised maritime arrival because of subsection 5AA(1A) or (1AA) of the Migration Act 1958 no matter when the person was born, whether before, on or after the commencement day; and

(b) a person may be a transitory person because of paragraph (d) or (e) of the definition of transitory person in subsection 5(1) of that Act no matter when the person was born, whether before, on or after the commencement day.

made on or after the commencement of that Part; or

made before the commencement of that Part but not finally determined as at the commencement of that Part.

made on or after the commencement of that Part; or

made before the commencement of that Part but not finally determined as at the commencement of that Part.

made on or after the commencement of that Part; or

made before the commencement of that Part but not finally determined as at the commencement of that Part.