Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 23H

(1)

This regulation applies to an applicant for a Class 410

(retirement)

visa or entry permit under the Migration (1993) Regulations whose application was not finally determined before 3 July 1995.

(2)

For the purposes of an application by an applicant to whom this regulation applies, the Migration (1993) Regulations have effect:

(a)

as if, before the application was made:

(i)

criteria to the same effect as the primary criteria in Part 410 (as that Part was in force on and after 3 July 1995) of Schedule 2 to the Migration Regulations had been substituted for Part 410 of Chapter 2.1 of Schedule 2 to the Migration (1993) Regulations; and

(ii)

criteria to the same effect as the secondary criteria in Part 410 (as that Part was in force on and after 3 July 1995) of Schedule 2 to the Migration Regulations had been inserted into Part 021 of Schedule 3 to the Migration (1993) Regulations; and

(b)

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

(3)

An applicant to whom this regulation applies is taken to comply with the criteria for the visa or entry permit if:

(a)

he or she satisfies the criteria set out in Part 410 of Chapter 2.1 of Schedule 2, or Part 021 of Schedule 3, to the Migration (1993) Regulations as in force at the time of the application; or

(b)

he or she:

(i)

is a rollover applicant (within the meaning of Part 410 of Schedule 2 to the Migration Regulations as in force on and after 3 July 1995) or the spouse of a rollover applicant; and

(ii)

satisfies the criteria applicable to a rollover applicant set out in that Part as in force on and after that date.

(4)

A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 3 (a) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

(5)

A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 3 (b) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia for a period of 2 years from the date of grant.