FMM17 v Minister for Immigration

The applicant, FMM17, sought judicial review of a decision made by a delegate of the Minister for Immigration. The dispute concerned whether the delegate's decision to refuse to grant a protection visa was reviewable by the court, given the applicant's status as a "fast track applicant" and the nature of the decision. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the delegate's decision constituted a "migration decision" within the meaning of section 476 of the *Migration Act 1958* (Cth), or if it was a "primary decision" excluded from judicial review under that section. This required the court to determine if the applicant qualified as a "fast track applicant" and if the delegate's decision was a "fast track decision" as defined by the Act.

The court reasoned that section 476 of the *Migration Act* grants jurisdiction only in respect of "migration decisions," explicitly excluding "primary decisions." It noted that "primary decisions" are defined to include decisions reviewable under Parts 5 or 7, or section 500, or those that could have been referred for review under Part 7AA. The court then examined the definitions of "fast track decision" and "fast track applicant." It found that a "fast track decision" is a refusal to grant a protection visa to a "fast track applicant," and that such decisions are not reviewable under Parts 5 or 7 or section 500. The court confirmed that the applicant was an unauthorised maritime arrival and had received the necessary notice under section 46A(2) of the Act, subsequently making a valid protection visa application. Consequently, the applicant met the definition of a "fast track applicant," and the delegate's decision was a "fast track decision."

As the delegate's decision was a "fast track decision" and therefore not a "migration decision" reviewable under section 476 of the *Migration Act*, the court lacked jurisdiction to hear the application.