Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 23D

(1)

This regulation applies to an application for an interdependency

(permanent)

(code number 814) entry permit under the Migration (1989) Regulations, being an application 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, the following paragraph had been inserted into regulation 142D of the Migration (1989) Regulations:

`(aa) at the time when the application for the permit is decided, the applicant:

(i)

is nominated by a person (in this paragraph called `the nominator'):

(A)

who is an Australian citizen or Australian permanent resident; and

(B)

with whom the applicant has a relationship of the kind specified in subparagraph 130A (1) (a) (i); and

(ii)

holds a valid extended eligibility (interdependency) (code number 826) entry permit, a criterion for the grant of which was that the applicant and the nominator had that relationship; and

(iii)

has held an interdependency (temporary) (code number 305) visa or entry permit for the grant of which the applicant was nominated by the nominator; and

(iv)

continues to be nominated for the grant of the permit by the nominator; or'; and

(b)

as if that paragraph had been in force at all relevant times.