Perpetual Insecurity 4g - 'Fast Track': structurally produced miscarriages of justice


‘Fast Track’: structurally produced miscarriages of justice

Diagram illustrating process for seeking protection for people arriving by boat and by plane.

[imagecaption] ‘The Process of Seeking Protection’, RACS. To date, around half of peoples’ initial protection applications for TPVs and SHEVs have yet to be finalised. Some people who were among the first to apply for and be granted 3 year TPVs will soon have to resubmit TPV applications. The process is slow and the issue of renewals is likely to result in an ongoing backlog of applications. [/imagecaption]


In December 2014, the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 was passed. It introduced two types of temporary protection visas: a 3 year TPV (Temporary  Protection Visa or a 5 year SHEV (Safe Haven Enterprise Visa). The process of applying for one of these visas was changed to reduce access to the right of appeal and limit the ability to provide further information, placing significant pressure on the initial application. Previously available government funded legal assistance to apply for these visas was cut, resulting in long waiting lists for the services of free community legal centres.

At the time that this Act was passed, there were about 30,000 asylum seekers living on bridging visas in Australia, most of whom had arrived after August 2012 when processing of asylum claims was frozen. For years they had been waiting to be invited to apply for a protection visa. Slowly, throughout 2015 and 2016 invitations were sent out. In May 2017, Immigration Minister Peter Dutton announced an October 1st deadline for all applications to be submitted. People were threatened that if they did not meet the deadline they would be deported.


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