5Prescribed classes of visas

5 Prescribed classes of visas

(1) In this regulation:

Migration (1959) Regulations means the Regulations comprising Statutory Rules 1959 No. 35 and those Regulations as amended and in force from time to time.

Migration (1989) Regulations means the Regulations comprising Statutory Rules 1989 No. 365 and those Regulations as amended and in force from time to time.

Migration (1993) Regulations means the Regulations comprising Statutory Rules 1992 No. 387 and those Regulations as amended and in force from time to time.

Migration Regulations means the Migration Regulations having effect on and after 1 September 1994.

(1A) For the purposes of sub-subparagraph 5A (1) (d) (i) (A) of the Act, the following classes of visas are prescribed:

(a) documents and notations permitting residents to return to Australia, issued before 1 November 1979 to eligible persons;

(b) resident return visas, within the meaning of regulation 29AC of the Migration (1959) Regulations, issued or granted to eligible persons;

(c) return visas, within the meaning of regulation 2 of the Migration (1989) Regulations, granted to eligible persons;

(d) Group 1.4 (resident return (permanent entry)) visas, within the meaning of the Migration (1993) Regulations, granted to eligible persons;

(e) documents and notations referred to in paragraph (a), and visas referred to in paragraph (b), (c) and (d), that were continued in force on and after 1 September 1994 as transitional (permanent) visas by the Migration Reform (Transitional Provisions) Regulations;

(f) Return (Residence) Class visas granted to eligible persons under the Migration Regulations.

(2) For the purposes of subregulation (1) a person is an eligible person if, at the time of issue or immediately prior to the person’s departure, the person:

(a) satisfied the criteria of paragraph 5A (1) (a), (b), (ba), (bb) or (c) of the Act; or

(b) would have satisfied those requirements if they had been in force.