A/HRC/35/25/Add.3 (c) The Migration Regulations 1994, which specifies additional criteria that must be met at the time the decision is made to grant a visa, including in relation to health, character and security. Adults must sign a “values statement”. (d) The Migration Amendment (Employer Sanctions) Act 2007, which amended the Migration Act and prohibits knowingly or recklessly employing or referring for work (either paid or unpaid) a person who does not have a valid visa or who is working in breach of his or her visa conditions. The Act includes aggravated offences, where a person is being exploited through slavery or slavery-like conditions, servitude, forced labour, forced marriage and/or debt bondage. (e) The Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012, which amended the Migration Act regarding taking offshore entry persons to another country. It also clarifies that guardianship obligations do not affect the operation of the Migration Act, particularly in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. It establishes mandatory detention for all asylum seekers entering Australia at an “excised offshore place”. (f) The Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014: (i) Expansion of maritime powers: The Minister for Immigration and Border Protection has powers to detain people at sea (both within Australian waters and on the high seas) and to transfer them to any country or a vessel of another country — even if Australia does not have that country’s consent to do so. The Act establishes that “an officer’s duty to remove as soon as reasonably practicable an unlawful noncitizen under section 198 (of the Migration Act 1958) arises irrespective of whether there has been an assessment, according to law, of Australia’s non-refoulement obligations in respect of the non-citizen” (arts. 2 and 3). The exercise of these powers is not subject to judicial review or the rules of natural justice and certain determinations are not subject to public scrutiny or parliamentary scrutiny. (ii) Reintroduction of temporary protection visas: Asylum seekers who arrive in Australia irregularly are not eligible for permanent protection visas. If they are found to be refugees, they will instead be granted a temporary protection visa, which will be valid for up to three years, after which time they must reapply for protection and have their claims reassessed. Holders of temporary protection visas do not have the same entitlements as holders of permanent protection visas. (iii) Introduction of the fast-tracking process: This process concerns all unauthorized maritime arrivals who arrived irregularly by boat between 13 August 2012 and 1 January 2014 and were not taken to Nauru or Papua New Guinea for offshore processing, provided that the Minister has allowed them to apply for a protection visa and that the person has made a valid application. The Minister can also extend the definition to other classes of asylum seekers, by a legislative instrument. The Act divides asylum seekers into three groups, with a different process for each. Two of these groups — fast-track applicants and excluded fasttrack applicants — are subject to fast-tracking in order to determine whether they will be granted a temporary protection visa. The third group comprises asylum seekers who have arrived in Australia on a valid visa and who continue to have access to the ordinary refugee status determination process to be granted a permanent protection visa. Excluded fast-track applicants will not have access to any form of merits review, and they will only have access to the more limited form of judicial review by the courts. The Minister can also expand the grounds on which someone may be designated an excluded fast-track applicant, through a legislative instrument. The Minister may, however, allow specified excluded fast-track applicants to have access to the same review process as fast-track applicants, through a legislative instrument. Fast-track applicants do not have access to the Refugee Review Tribunal. Unlike the Refugee Review Tribunal process, fast-track applicants will not have an automatic right of review, but may be referred to the Immigration Assessment Authority by the Minister. The Immigration Assessment 6