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Temporary Protection and Safe Haven Enterprise visa Holders - Fast Track Application

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Migration (Fast Track Applicant Class – Temporary Protection and Safe Haven Enterprise visa Holders) Instrument - LIN 19/007

On 26 March 2019, the Minister for Immigration, Citizenship and Multicultural Affairs signed a new instrument (the Migration (Fast Track Applicant Class – Temporary Protection and Safe Haven Enterprise visa Holders) Instrument - LIN 19/007) to bring all subsequent TPV and SHEV applicants into the definition of ‘fast track applicant’.

The instrument agrees that all Temporary Protection Visa / Safe Haven Enterprise holders who lodged their subsequent protection visa on or after 2April 2019 will be assess as “fast track applicants”.

Department will assess the application in fast track if:

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.

For more information please check LIN 19/007


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