Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 21

(1)

This regulation applies to:

(a)

an application for the grant of a visa or entry permit made before 19 December 1989 on which the Minister had not made a decision before 1 September 1994; or

(b)

an application for reconsideration of a refusal to grant a visa or entry permit, if:

(i)

the original application for the grant of a visa or entry permit was made before 19 December 1989; and

(ii)

the Minister refused that application, and the applicant applied for reconsideration of that refusal, before 1 September 1994; and

(iii)

the Minister had not made a decision on the application for reconsideration before 1 September 1994; or

(c)

an application for reconsideration of a refusal to grant a visa or entry permit, if:

(i)

the original application for the grant of a visa or entry permit was made before 19 December 1989; and

(ii)

the Minister refused that application before 1 September 1994, and on or after that date the applicant applied for reconsideration of that refusal under regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations as continued in force by regulation 24.

(2)

If, on or after 1 September 1994, the Minister decides that a non-citizen is entitled to be granted a visa or entry permit under the provisions continued in effect by subsection 6 (4) of the Migration Legislation Amendment Act 1989 , the non-citizen is taken to be granted:

(a)

if the primary application was for a temporary visa or entry permit — a transitional (temporary) visa; or

(b)

if the primary application was for a permanent visa or entry permit — a transitional (permanent) visa.

Note    S. 6 (4) of the Migration Legislation Amendment Act 1989 continues in force the provisions of the Migration Act 1958 as in force before 19 December 1989 with regard to applications not decided at that date.

(3)

A transitional (permanent) visa that is taken to be granted to a non-citizen under subregulation (2) is a visa:

(a)

to travel to and enter Australia on 1 or more occasions:

(i)

in the case of a visa granted before 1 November 1996:

(A)

if the primary application was for a visa — for 4 years from the date of grant; or

(B)

if the primary application was for an entry permit — for 3 years from the date of grant; or

(ii)

in the case of a visa granted on or after 1 November 1996 — for 5 years from the date of grant; and

(b)

to remain in Australia indefinitely; and

(c)

subject to:

(i)

a condition that the holder must first enter Australia by a date specified by the Minister for the purpose; and

(ii)

the other conditions (if any) that the Minister imposes, being conditions that the Minister could have imposed if the application had been decided under the old Act as in force at the date of the application.

(4)

A transitional (temporary) visa that is taken to be granted to a non-citizen under subregulation (2) is a visa to travel to, enter, and remain in Australia, and:

(a)

has a visa period the same as the period for which the visa applied for would have been in force; and

(b)

is subject to the same conditions (if any);

as would have been the case if the application had been decided under the old Act as in force at the date of the application.