Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (1) For the
purposes of subsection 31 (3) of the Act (which
deals with criteria for the
grant of a visa) and subject to regulation 2.03A, the prescribed criteria for
the grant to a person of a visa of a particular class are:
(a) the primary criteria set out in a relevant Part of Schedule 2; or
(b) if a relevant Part of Schedule 2 sets out secondary criteria, those secondary criteria.
(2) If a criterion in Schedule 2 refers to a criterion in Schedule 3, 4 or 5 by number, a criterion so referred to must be satisfied by an applicant as if it were set out at length in the first‑mentioned criterion.
(3) If a criterion in Schedule 2 specifies that a person is to be the holder of, or have held, a visa of a particular class or subclass, that criterion is taken to be satisfied:
(a) if:
(i) before 1 September 1994, the person held a visa
or
entry permit that was granted under the
Migration (1993) Regulations, the
Migration
(1989) Regulations or the Act as in force before 19 December
1989; and
(ii) the criteria that were applicable to, or the grounds for the grant of, that visa or entry permit are the same in effect as the criteria applicable to the new visa; and
(iii) the visa or entry permit was continued in force
as a
transitional visa on 1 September 1994 by
the
Migration Reform (Transitional Provisions) Regulations; or
(b) if:
(i) before 1 September 1994, the person applied for a visa or entry permit under the Migration (1993) Regulations, the Migration (1989) Regulations or the Act as in force before 19 December 1989; and
(ii) the criteria that were applicable to, or the grounds for the grant of, that visa or entry permit are the same in effect as the criteria applicable to the new visa; and
(iii) either:
(A) in the case of an application made before 19 December 1989 -- the Minister had not made a decision on the application; or
(B) in any other case -- the application had not been finally determined;
before 1 September 1994; and
(iv) on or after 1 September 1994 the person was granted a transitional visa under the Migration Reform (Transitional Provisions) Regulations on the basis that he or she had satisfied the criteria, or the grounds, applicable to the visa or entry permit referred to in subparagraph (i).