Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 5

If a non-citizen:

(a)

was in Australia immediately before 1 September 1994 as:

(i)

the holder of a permanent entry permit granted on or after 1 September 1992; or

(ii)

the holder of a permanent entry visa; and

(b)

in the case of a non-citizen who holds a permanent entry visa, first entered Australia on or after 1 September 1992; and

(c)

has not held, and is not an applicant for, a return visa, Class A (code number 154) under the Migration (1989) Regulations or a Class 154 (resident return (Class A)) visa under the Migration (1993) Regulations;

he or she is taken, on 1 September 1994, to hold a transitional (permanent) visa permitting him or her to:

(d)

travel to, and enter, Australia:

(i)

in the case of the holder of an entry permit — within 3 years from the date of grant of the entry permit; or

(ii)

in the case of the holder of an entry visa — within 3 years from the date he or she first entered Australia; and

(e)

remain indefinitely in Australia.