Refugee Council of Australia
Gavel on desk next to law books

Fast tracking and ‘Legacy Caseload’ statistics

Review of fast-tracking decisions

How many cases are being dealt with?

The ‘fast tracking’ system was introduced into legislation in December 2014, but review decisions didn’t start for a long time. The first graph shows that the number of decisions by Immigration Assessment Authority (IAA), as well as referrals to it, have remained relatively steady. However, in 2017 the number of active cases on hand increased significantly. They have since slowed down.

How long is it taking the IAA to decide?

Consistent with the increase in 2017, the median time to make a decision almost doubled in that year. The median time for a decision has gone from 50 days in January 2017 to 128 days by the end of December 2018, but has since dropped significantly. However, the median days has begun to increase again since October 2021.

People excluded from merits review

The law that brought in fast-tracking also allowed for some people to be 'excluded' from any form of merits review. People can be 'excluded' from merits review if, in the opinion of the Minister, they have previously had their protection claims rejected in Australia, in another country or by UNHCR; if they have provided a 'bogus' document in their application without reasonable explanation; or if they make a 'manifestly unfounded' claim.

This graph shows the number of people who have been 'excluded' from merits review, the main countries that they come from, and the reasons given for 'excluding' them from merits review.

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