Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 23G

(1)

This regulation applies to an application for a Class 814 (interdependency (permanent)) entry permit under the Migration (1993) 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 (1993) Regulations have effect:

(a)

as if, before the application was made:

(i)

`(2A),' were inserted after `(2),' in subclause 814.732 (1) of Chapter 1.2 of Schedule 2 to the Migration (1993) Regulations; and

(ii)

the following subclause were inserted into clause 814.732 of that Chapter:

`(2A) An applicant meets the requirements of this subclause if:

(a)

the applicant is the holder of a Class 826 (extended eligibility (interdependency)) entry permit; and

(b)

the applicant has held:

(i)

a Class 305 (interdependency (temporary)) visa or entry permit for the grant of which the applicant was nominated by the nominator; or

(ii)

an interdependency (temporary) (code number 305) visa or entry permit granted under the Migration (1989) Regulations; and

(c)

the applicant continues to be nominated for the grant of the Class 814 entry permit by the nominator; and

(d)

the applicant has a relationship with the nominator that is acknowledged by both and involves:

(i) residing together; and
(ii) being closely interdependent; and
(iii) having a continuing commitment to mutual emotional and financial support; and

(e)

the relationship between the applicant and the nominator is both genuine and continuing.';

and

(b)

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