Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 37

(1)

If before 1 September 1994, a non-citizen held an entry permit that is continued in effect after that date under regulation 4 as a transitional (temporary) visa:

(a)

the non-citizen may apply in the way set out in Schedule 1 to the Migration Regulations for a substantive visa equivalent to the entry permit that he or she held immediately before 1 September 1994; and

(b)

no fee is payable on that application; and

(c)

if in that application he or she does not seek a visa having a visa period extending beyond the end of the visa period of the transitional (temporary) visa, then, despite anything in the Migration Regulations, he or she need only satisfy the criterion that the Minister is satisfied that it would be reasonable to grant the substantive visa; and

(d)

despite anything in the Migration Regulations, a visa that is granted on the basis of that application is not to have a visa period extending beyond the date on which the entry permit would have stopped being in force.

(2)

For the purposes of this regulation, a substantive visa is equivalent to an entry permit if the criteria that are applicable to the class to which the substantive visa belongs are the same in effect as:

(a)

the grounds for the grant of the entry permit (being an entry permit of a kind available for grant under the Act as in force before 19 December 1989); or

(b)

the criteria applicable to the class (being a class under the Migration (1989) Regulations or the Migration (1993) Regulations) of entry permit to which the entry permit belonged.