Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 23C

(1)

This regulation applies to an application for an entry permit of any of the following classes under the Migration (1989) Regulations:

(a)

confirmatory (code number 808);

(b)

extended eligibility (spouse) (code number 820);

(c)

extended eligibility (economic) (code number 823);

(d)

extended eligibility (interdependency) (code number 826);

(e)

interdependency (permanent) (code number 814);

(f)

skilled occupation (code number 805);

(g)

spouse (after entry) (code number 801);

that was not finally determined before 3 July 1995.

(2)

For the purposes of an application to which this regulation applies, the Migration (1989) Regulations have effect:

(a)

as if, before the application was made:

(i)

provisions to the same effect as Division 1.5 inserted into the Migration Regulations by the July 1995 amendments had been inserted into the Migration (1989) Regulations; and

(ii)

criteria to the same effect as the criteria relating to domestic violence inserted into the primary criteria in a Part of Schedule 2 of the Migration Regulations specified in the following table by the July 1995 amendments had been inserted into the regulation or regulations in the Migration (1989) Regulations specified opposite that Part in the table:

and

(b)

in the case of an application made by a person who is a member of the family unit of a person who has applied as a principal person (within the meaning of regulation 108 of the Migration (1989) Regulations) for an extended eligibility (economic) (code number 823) or skilled occupation (code number 805) entry permit — as if criteria to the same effect as the criteria relating to domestic violence inserted into the secondary criteria in Part 805 of Schedule 2 to the Migration Regulations had been inserted into regulation 108 of the Migration (1989) Regulations; and

(c)

as if those provisions and criteria had been in force at all relevant times.