Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 38

(1)

This regulation applies to a non-citizen if:

(a)

the non-citizen was outside Australia on 1 September 1994; and

(b)

before he or she last left Australia before that date, the non-citizen held a temporary entry permit under the Migration (1993) Regulations (other than an excluded entry permit, being an entry permit mentioned in subregulation (4)); and

(c)

that entry permit would have been in force immediately before 1 September 1994 if the non-citizen had not left Australia.

(2)

Despite anything in the Migration Regulations, a non-citizen to whom this regulation applies may apply outside Australia for a substantive visa corresponding to that entry permit.

(3)

Despite anything in the Migration Regulations, if the non-citizen:

(a)

pays the prescribed fee (if any) in respect of the application; and

(b)

the day by which, according to the application, the non-citizen intends to return to Australia is before the end of the period for which the entry permit was granted; and

(c)

the Minister has no reason to believe that the non-citizen does not continue to satisfy the criteria prescribed under the Migration (1989) Regulations or the Migration (1993) Regulations for the grant before entry of the visa that corresponds to the entry permit; and

(d)

the Minister is satisfied that it would be reasonable to grant the visa;

the non-citizen is taken to satisfy the prescribed criteria for the grant of the visa.

(4)

The excluded entry permits referred to in paragraph (1) (b) are:

(a)

entry permits of Class 12 in Schedule 3 to the Migration (1989) Regulations;

(c)

entry permits of the following classes:

(i)

working holiday (code number 417);

(ii)

PRC (temporary) (code number 437);

(iv)

processing (code number 825);

under the Migration (1989) Regulations;

(d)

entry permits of the following classes

(i)

Class 417 (working holiday);

(ii)

Class 437 (PRC (temporary));

(iii)

Class 562 (Iranian postgraduate student);

(iv)

Class 828 (processing (temporary));

(v)

Class 829 (processing (residence));

(vi)

Class 830 (1 November 1993 (processing));

under the Migration (1993) Regulations.

(5)

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 old 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.