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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations convert a range of pre-1 September 1994 immigration instruments — entry permits, visas, authorities to return, review processes and related application statuses — into new "transitional" visas and processes under the reformed Migration Act and Regulations. The conversion is mechanical: an old entry permit or visa is mapped to a particular transitional (permanent) or transitional (temporary) visa class and given specified travel and stay rights and conditions (see regs 4–7, 9 and 21–23).
Who is affected: people with outstanding visa or entry‑permit applications as at 1 September 1994, people who held visas or entry permits immediately before that date (including those inside and outside Australia), certain classes such as diplomats, Norfolk Island permanent residents, New Zealand citizens and particular Papua New Guinea‑born persons, and parties to combined or family applications for review (see Parts 2–4, 10–19A, 30A–30E).
Why it matters: the Regulations preserve or convert existing entitlements and pending processes so that decisions, review rights and visa conditions begun under the old law continue to operate under the reformed legal framework. Without this mapping, people with pre‑reform status and applications would face legal uncertainty about their permission to remain, travel and their review rights (see regs 4–6, 10–13, 21–24, 27–31).
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Direct links to the current provisions in Migration Reform (Transitional Provisions) Regulations.
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Direct conversion of old instruments into transitional visas: permanent entry permits and many old visas in force on 1 September 1994 continue as transitional (permanent) visas permitting indefinite residence; temporary entry permits continue as transitional (temporary) visas with the same conditions and visa periods (regs 4–7, 9).
Bridging visas for unresolved applications: persons in Australia with unresolved pre‑reform applications are taken to have been granted a bridging visa on 1 September 1994 of a class determined by their facts (Classes A, B, C or E), with visa period and conditions set out in regs 10–11 and 15. Special rules apply for family‑unit members (reg 13) and for applicants outside Australia (reg 12).
Preservation and mapping of criteria and review rights: many pre‑reform rules and review pathways continue to apply to pre‑reform applications (regs 21–24, 25–31). The Regulations specify how Part 5 (merit review) of the reformed Act applies to decisions about pre‑reform applications, and they provide for combined internal and Tribunal review applications where applicants had combined pre‑reform applications (regs 30A–30E, 27–29).
Ministerial discretion and conditions: the Minister retains discretion to impose conditions, to set first‑entry deadlines, and to be satisfied that it is reasonable to grant some transitional visas (see regs 21(3)(c)(i)–(ii), 22(3)(c)(i)–(ii), 37(1)(c)). Diplomatic and some travel periods can be set by the Minister (reg 19(3)).
Fees and refunds: where reconsideration under the old regulations continues, a fee of $240 applies (reg 24(3)); that fee is refundable if the reconsideration results in grant (reg 24(4)). Conversely, some transitional applicants have specific fee relief — e.g. no fee for certain substantive visa applications by transitional temporary visa holders (reg 37(1)(b)).
Special categories and documentary tests: the Regulations create or recognise special transitional categories (for example, Special Circumstance visas for certain Papua New Guinea born persons, reg 19A) and set documentary evidence and timing rules for entitlement (reg 19A(7)–(8)).
Who pays: visa applicants who seek reconsideration under the preserved pre‑reform procedures must pay the $240 fee (reg 24(3)). Usual visa application charges remain in force where prescribed (see regs 37(1)(b) and 38(3)(a) referencing prescribed fees). Some specific transitional applications are expressly fee‑exempt (reg 37(1)(b)).
Who decides: the Minister, review authorities and Tribunals retained under the transition rules make primary and review decisions (see regs 22(2), 25 and the provisions of Part 7). The Minister retains explicit powers to impose conditions and set entry dates (regs 21(3)(c), 22(3)(c), 19(3), 37(1)(c)).
Behavioural effects: affected non‑citizens are generally taken to hold transitional or bridging visas (regs 4–7, 10–13); that affects whether they may lawfully stay, travel, work (if a work permission was carried over — reg 15(2)), report to Immigration (reporting conditions carried forward — regs 3, 15(1)), and pursue review or reconsideration pathways (Parts 5–7). Sponsors and nominators may combine review actions with other applicants under specified rules (regs 30B–30D, 30C).
Cross‑reference complexity: the Regulations rely heavily on the definitions and criteria in the old Act, the amended Act, and the Migration (1989) and Migration (1993) Regulations, requiring frequent cross‑reference to determine applicable criteria (reg 3(2)–(3); see generally Parts 5 and 5A). That raises administrative complexity for decision‑makers and applicants needing to identify which historic rule set applies.
Bureaucratic discretion and deadlines: the Minister’s power to set first‑entry dates and to be satisfied that a grant would be "reasonable" introduces case‑by‑case discretion (regs 21(3)(c)(i)–(ii), 37(1)(c)). Decision‑makers therefore control important practical outcomes (travel windows, conditions), and decisions may trigger review rights under the transitional review rules (Part 7).
Compliance burden on applicants: applicants must prove entitlement under legacy criteria in some cases (for example, evidence for Special Circumstance visa entitlements, reg 19A(7)), monitor time limits for review or reconsideration, and comply with carried‑over reporting and work conditions (regs 15(1)–(2), 19A(7)).
Concentrated vs diffuse impacts: benefits of the mapping (e.g. obtaining an indefinite stay right or continued travel rights) are concentrated on specific groups who held, or had applied for, particular pre‑reform instruments (regs 4–7, 9, 19A). Costs of navigating the transitional framework (paperwork, evidentiary burdens, potential need for review) are dispersed across many applicants and decision‑makers.
Amendments and evolving scope: later amendments inserted into these Regulations (see Table of Amendments and additions such as Part 5A, regs 23B–23I and the July 1995 amendments applied to unresolved applications) add new substantive criteria (for example, domestic violence criteria for certain unresolved applications) and timing rules (see reg 23C–23H and Table A). Those additions change which criteria apply to some unresolved applications and impose additional documentary or eligibility tests.
References: regulation numbers cited are to the Migration Reform (Transitional Provisions) Regulations (see Parts 1–11).