Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 10

(1)

This regulation applies to a non-citizen in Australia (other than an illegal entrant in custody within the meaning of section 11 of the old Act) who was in Australia immediately before 1 September 1994:

(a)

if he or she applied for an entry permit (other than a processing entry permit) on or after 19 December 1989 and before 1 September 1994 and the application has not been finally determined; or

(b)

if he or she applied for an entry permit before 19 December 1989 and no decision had been made on that application; or

(c)

if:

(i)

he or she applied for an entry permit before 19 December 1989; and

(ii)

his or her application is one in respect of which an application for reconsideration could be made under regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations; and

(iii)

his or her primary application was refused before 1 September 1994; and

(iv)

he or she had not applied for reconsideration of the primary decision before 1 September 1994; and

(v)

the period within which he or she could apply for reconsideration had not expired on 1 September 1994; or

(d)

if:

(i)

he or she had applied for an entry permit before 19 December 1989, and had applied for reconsideration of a decision in respect of that application, as set out in paragraph (c); and

(ii)

no decision had been made on the reconsideration before 1 September 1994.

(2)

A non-citizen to whom this regulation applies is taken to have been granted a bridging visa on 1 September 1994 of a class worked out as follows:

(a)

if:

(i)

at the time of primary application, he or she was not a prohibited non-citizen or an illegal entrant; and

(ii)

immediately before 1 September 1994, he or she was not subject to a reporting condition;

a bridging visa, Class A;

(b)

if, immediately before 1 September 1994, he or she held a visa that permitted him or her to re-enter Australia — a bridging visa, Class B;

(c)

if:

(i)

at the time of primary application, he or she was a prohibited non-citizen or an illegal entrant; and

(ii)

immediately before 1 September 1994, he or she was not subject to a reporting condition;

a bridging visa, Class C;

(d)

if, immediately before 1 September 1994, he or she was subject to a reporting condition — a bridging visa, Class E.

(3)

If the non-citizen applied:

(a)

on or after 19 December 1989 and before 1 February 1993 for an entry permit of a class mentioned or referred to in regulation 22A, 22B, 22C or 22E of the Migration (1989) Regulations; or

(b)

on or after 1 February 1993 and before 1 September 1994 for an entry permit of a class mentioned or referred to in regulation 2.29 of the Migration (1993) Regulations;

then, despite those regulations, he or she is not taken to have been granted a bridging visa under this regulation in respect of an application that, under a regulation referred to in paragraph (a) or (b), his or her application is taken to have effect as.

Note    Under those regulations, an application for an entry permit of certain classes also had effect as an application for an entry permit of certain other classes.