Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 23

(1)

This regulation applies to an application for an entry permit that:

(a)

was made on or after 19 December 1989 and before 1 September 1994; and

(b)

had not been finally determined before 1 September 1994.

(2)

An application to which this regulation applies is taken, on 1 September 1994, to be:

(a)

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

(b)

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

(3)

An application that, under subregulation (2), is taken to be an application for a transitional visa is to be decided according to the criteria that applied to the entry permit for which application was made.

(4)

Subsections 33 (3A) and (3B) and sections 40 and 42 of the old Act continue to apply to and in relation to an application to which this regulation applies as if a reference in those sections to a class of entry permits were a reference to a class of transitional visas for which applications were constituted by applications for entry permits of a specified class under the Migration (1993) Regulations.

(5)

A transitional (temporary) visa that is granted to a non-citizen on the basis of an application to which this regulation applies is to be:

(a)

in the case of an application for a Class 828 (processing (temporary)), Class 829 (processing (residence)) or Class 830 (1 November 1993 (processing)) entry permit under the Migration (1993) Regulations, or a processing (code number 825) entry permit under the Migration (1989) Regulations — a visa to remain in Australia; or

(b)

in any other case — a visa to travel to, enter, and remain in Australia.

(6)

A transitional (permanent) visa that is granted to a non-citizen on the basis of an application to which this regulation applies is a visa:

(a)

to travel to and enter Australia:

(i)

in the case of a visa granted before 1 November 1996 — for a period of 3 years from the date of grant; or

(ii)

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

(b)

to remain in Australia permanently; and

(c)

that 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 and Regulations as in force at the date of the application.

(7)

A transitional (temporary) visa that is granted to a non-citizen on the basis of an application to which this regulation applies:

(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 same conditions (if any);

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

(8)

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.