Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 22

(1)

Subject to this Part, Division 2 of Part 2 of the old Act, and Regulations made for the purposes of that Division, continue to apply to a primary application for a visa made on or after 19 December 1989 and before 1 September 1994.

(2)

If, on or after 1 September 1994, the Minister or a review authority decides that a non-citizen is entitled to be granted a visa under the provisions referred to in subregulation (1), the visa to be granted is:

(a)

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

(b)

if the application was for a permanent visa — a transitional (permanent) visa.

(3)

Subject to subregulation (5), a transitional (permanent) visa that is 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 — for 4 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)

that is 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 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 would have been in force; and

(b)

is subject to the 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.

(5)

Subject to subregulation (5A), if the application was for a permanent return visa, the transitional visa is to be a visa permitting the holder:

(a)

to travel to and enter Australia within the period after the date of grant during which he or she would have been permitted to do so if he or she had been granted the visa applied for; and

(b)

to remain in Australia indefinitely.

(5A)

If:

(a)

the application was an application for a permanent entry permit that also had effect:

(i)

under regulation 22A of the Migration (1989) Regulations, as an application for a return visa, class A (code number 154); or

(ii)

under subclause 154.411 (3) of Chapter 1.4 of Schedule 2 to the Migration (1993) Regulations, as an application for a Class 154 (resident return (A)) visa; and

(b)

the transitional visa granted on the basis of the application referred to in subparagraph (a) (i) or (ii) is granted on or after 1 November 1996;

that transitional visa is to be a visa permitting the holder:

(c)

to travel to and enter Australia during the period commencing on the date of grant and ending at the end of the period of 5 years from the date of grant of the permanent entry permit or transitional (permanent) visa granted on the basis of the satisfaction by the applicant of the criteria that applied to the permanent entry permit referred to in paragraph (a); and

(d)

to remain in Australia indefinitely.

(6)

Division 2 of Part 2 of the old Act continues to apply to applications to which this regulation applies as if:

(a)

references in that Division to visas of a specified class or classes were references to transitional visas granted on the basis of an application for visas of a specified class or classes, as the case requires; and

(b)

references in that Division to visas of a class or classes were references to transitional visas granted on the basis of an application for visas of a class or classes, as the case requires.

(7)

Subdivision AB of Division 3 of Part 2 of the amended Act:

(a)

does not apply to an application referred to in this regulation; and

(b)

applies under section 342 of the amended Act to an application for review of a primary decision in respect of an application referred to in this regulation only if the review application is made on or after 1 September 1994.