Migration Reform (Transitional Provisions) Regulations

23E Certain applicants for retirement (code number 410) visas or entry permits under the Migration (1989) Regulations

23F Certain applications under the Migration (1993) Regulations — criteria related to domestic violence

23G Certain applications under the Migration (1993) Regulations — criteria related to holding of Class 305 (interdependency (temporary)) visa or entry permit

23H Certain applications under the Migration (1993) Regulations — Class 410 (retirement) visa or entry permit

23I Certain applications under the Migration (1993) Regulations — Class 816 (special (permanent) entry permit (after entry))

Part 6 Reconsideration of certain decisions

24 Reconsideration under 1989 or 1993 Regulations

Part 7 Review of decisions

Division 1 Offshore applications for visas made on or after 19 December 1989 and before 1 September 1994

25 Application of Division

26 Application of Code of Procedure

27 Certain decisions in respect of visas that can be granted in Australia

28 Review of decision — Class 124 or 419 visa

29 Review of certain visa decisions

Division 2 Review of cancellation

30 Cancellation of visas

Division 2A Combined applications for review

30A Interpretation

30B Combined application for internal review

30C Combined applications for review by the Tribunal

30D Division does not authorise application by sponsor etc. for review of entry permit decision

Division 2B Combined applications for review by Refugee Review Tribunal

30E Combined applications for review by the Refugee Review Tribunal

Division 3 Other matters concerning review

31 Decision of review officer affirming decision

32 Criterion regarding section 47 temporary entry permit

Part 8 Statutory visitors under the old Act

33 Justice certificate issued under old Act

34 Statutory visitor visas

Part 9 Immigration clearance of certain non-citizens

35 Modification of section 172

Part 10 Miscellaneous

36 Non-citizens eligible to apply for Class 817 entry permits

37 Special provision for holders of transitional (temporary) visas replacing entry permits

38 Special provision for grant outside Australia of visas to former holders of temporary entry permits

39 References to conditions of visas by numbers

Part 11 Repeal

40 Repeal of Migration (1993) Regulations and Migration (Review) (1993) Regulations

Schedule Repealed Statutory Rules

1 Statutory Rules:

2 Statutory Rules:

Notes

Part 1 Preliminary

1 Citation [see Note 1]

These Regulations may be cited as the Migration Reform (Transitional Provisions) Regulations.

2 Commencement

These Regulations commence on 1 September 1994.

3 Interpretation

(1) In these Regulations, unless the contrary intention appears:

permanent entry permit means an entry permit the effect of which is not subject to a limit as to time but does not include an entry visa that is operating as an entry permit.

permanent return visa means a visa:

(a) of one of the following classes under the Migration (1989) Regulations:

(i) return visa, class A (code number 154);

(ii) return visa, class B (code number 155);

(iii) return visa, class C (code number 156);

(iv) return visa, class D (code number 157);

(v) return visa, class E (code number 158); or

(b) of one of the following classes under the Migration (1993) Regulations:

(i) Class 154 (resident return (A));

(ii) Class 155 (resident return (B));

(iii) Class 156 (resident return (C));

(iv) Class 157 (resident return (D));

(v) Class 158 (resident return (E)).

permanent visa means:

(a) a visa:

(i) that was available for grant before 1 September 1994; and

(ii) of which presentation at the Entry Control Point before 1 September 1994 would have had effect as an application for a permanent entry permit; or

(b) an entry visa granted before 1 September 1994 that permitted the holder to stay in Australia indefinitely; or

(c) a visa granted on or after 1 September 1994 that permits the holder to stay in Australia indefinitely.

primary application means an application for a visa or an entry permit.

primary decision has the same meaning as in Part 5 of the amended Act.

reporting condition means a condition imposed before 1 September 1994 under subsection 92 (9) or 93 (9) of the old Act, or by a Court, on a non-citizen that obliged him or her to report periodically to Immigration.

return visa means a permanent return visa or a temporary return visa.

review authority includes any officer or Tribunal (other than the Administrative Appeals Tribunal) having the function of reviewing the merits of a decision that relates to a visa or entry permit.

temporary entry permit means an entry permit other than a permanent entry permit, but does not include an entry visa that is operating as an entry permit.

temporary return visa means:

(a) a return visa, class F (code number 159) visa under the Migration (1989) Regulations; or

(b) a Class 159 (resident return (F)) visa under the Migration (1993) Regulations.

temporary visa means a visa other than a permanent visa.

the amended Act means the Migration Act 1958 as in force on and after 1 September 1994.

the old Act means the Migration Act 1958 as in force immediately before 1 September 1994.

the Reform Act means the Migration Reform Act 1992.

visa includes an entry visa regardless of whether it is operating as an entry permit.

(2) Unless the contrary intention appears:

(a) expressions that are used in section 40 of the Reform Act and in these Regulations have the same meanings in these Regulations as in that section; and

(b) expressions that are used in the old Act and in these Regulations have the same meanings in these Regulations as in that Act; and

(c) expressions that are used in the Migration (1989) Regulations and in these Regulations have the same meanings in these Regulations as in those Regulations; and

(d) expressions that are used in the Migration (1993) Regulations and in these Regulations have the same meanings in these Regulations as in those Regulations; and

(e) expressions that are used in the Migration Regulations and in these Regulations have the same meanings in these Regulations as in those Regulations.

(3) If an expression used in these Regulations has a particular meaning under more than 1 of the provisions referred to in paragraphs (2) (a) to (e), unless the contrary appears the meaning that that expression has in accordance with paragraph (2) (e) is to be preferred.

Part 2 Entry permits and visas granted before 1 September 1994

4 Entry permits in force before 1 September 1994 to continue in effect

(1) Subject to regulation 5, if, immediately before 1 September 1994, a non-citizen was in Australia as the holder of a permanent entry permit, that entry permit continues in effect on and after 1 September 1994 as a transitional (permanent) visa that permits the holder to remain indefinitely in Australia.

(2) If, immediately before 1 September 1994, a non-citizen was in Australia as the holder of a temporary entry permit, that entry permit continues in effect on and after 1 September 1994 as a transitional (temporary) visa that:

(a) permits the holder to remain in Australia; and

(b) is subject to the conditions (if any) to which the entry permit was subject; and

(c) has a visa period ending on the day on which the entry permit would have stopped being in force.

5 Certain permanent entry permits etc granted on or after 1 September 1992

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.

5A Certain visas held by persons outside Australia to continue in effect

(1) This regulation applies to a non-citizen who, immediately before 1 September 1994:

(a) was outside Australia; and

(b) held a permanent visa (other than a permanent return visa); and

(c) had not applied for:

(i) a return visa Class A (code number 154) under the Migration (1989) Regulations; or

(ii) a Class 154 (resident return (Class A)) visa under the Migration (1993) Regulations; and

(d) is not taken to have applied for a visa of a kind specified in paragraph (c).

(2) A visa of the kind referred to in paragraph (1) (b) that was held immediately before 1 September 1994 by a person to whom this regulation applies continues in effect on and after 1 September 1994 as a transitional (permanent) visa that:

(a) permits the holder:

(i) to travel to and enter Australia on 1 or more occasions for 4 years from the date of grant of the visa; and

(ii) to remain in Australia indefinitely; and

(c) if the first-mentioned visa was subject to a requirement that first entry must be by a certain date, and the holder has not entered Australia by that date — ceases to be in effect on that date.

6 Visas granted before 1 September 1994 to continue in effect

(1) If, immediately before 1 September 1994, a person (other than a non-citizen to whom regulation 5 or 5A applies) held a permanent visa (other than a permanent return visa), that visa continues in effect on and after 1 September 1994 as a transitional (permanent) visa that:

(a) authorises the holder to:

(i) travel to and enter Australia until the date on which the first-mentioned visa would have ceased to be in force; and

(ii) remain in Australia indefinitely; and

(c) if the first-mentioned visa was subject to a requirement that first entry must be by a certain date, and the holder has not entered Australia by that date — ceases to be in effect on that date.

(2) If, immediately before 1 September 1994, a person held a temporary visa (other than a diplomatic visa (code number 995) granted under the Migration (1989) Regulations or a Class 995 (diplomatic) visa granted under the Migration (1993) Regulations), that visa continues in effect on and after 1 September 1994 as a transitional (temporary) visa that:

(a) permits the holder to travel to, enter, and remain in Australia; and

(c) has a visa period ending:

(i) if the first-mentioned visa was subject to a requirement that first entry must be by a certain date, and the holder has not entered Australia by that date — on that date; or

(ii) in any other case — at the time at which the first-mentioned visa would have ceased to be in force.

7 Permanent return visas

If, immediately before 1 September 1994, a non-citizen held a permanent return visa, that visa continues in effect on and after 1 September 1994 as a transitional (permanent) visa permitting the holder to:

(a) travel to and enter Australia during the remainder of the period during which the permanent return visa would have permitted the holder to do so; and

(b) remain in Australia indefinitely.

8 Persons to whom section 37 of the old Act applied

(a) was in Australia on 1 September 1994; and

(b) was, immediately before that date, a person to whom section 37 of the old Act applied.

(2) On and after 1 September 1994, section 37 of the old Act continues to apply to a person to whom this regulation applies as if:

(a) paragraphs (b) and (c) were omitted and the following paragraph substituted:

‘(b) while in Australia, has been refused an entry permit.’; and

(b) subsections (2) and (3) were omitted and the following subsection substituted:

‘(2) While a person to whom this section applies is in Australia, he or she may, subject to the regulations, apply for a visa of a class prescribed for the purposes of section 48 of this Act as in force on 1 September 1994, but not for a visa of any other class.’.

Part 3 Authorities to return and return endorsements

9 Authorities to Return etc granted before 19 December 1989

A non-citizen who, immediately before 1 September 1994, held an old visa of the kind known as:

(a) an Authority to Return; or

(b) a Return Endorsement;

is taken, on 1 September 1994, to have been granted a transitional (permanent) visa permitting the holder:

(c) to travel to and enter Australia within 3 years after each departure from Australia; and

(d) to remain indefinitely in Australia.

Part 4 Status of certain non-citizens on 1 September 1994

10 Non-citizens in Australia with applications not finally determined as at 1 September 1994

(1) This regulation applies to a non-citizen in Australia (other than an illegal entrant in custody within the meaning of section 11 of the old Act) who was in Australia immediately before 1 September 1994:

(a) if he or she applied for an entry permit (other than a processing entry permit) on or after 19 December 1989 and before 1 September 1994 and the application has not been finally determined; or

(b) if he or she applied for an entry permit before 19 December 1989 and no decision had been made on that application; or

(i) he or she applied for an entry permit before 19 December 1989; and

(ii) his or her application is one in respect of which an application for reconsideration could be made under regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations; and

(iii) his or her primary application was refused before 1 September 1994; and

(iv) he or she had not applied for reconsideration of the primary decision before 1 September 1994; and

(v) the period within which he or she could apply for reconsideration had not expired on 1 September 1994; or

(d) if:

(i) he or she had applied for an entry permit before 19 December 1989, and had applied for reconsideration of a decision in respect of that application, as set out in paragraph (c); and

(ii) no decision had been made on the reconsideration before 1 September 1994.

(2) A non-citizen to whom this regulation applies is taken to have been granted a bridging visa on 1 September 1994 of a class worked out as follows:

(a) if:

(i) at the time of primary application, he or she was not a prohibited non-citizen or an illegal entrant; and

a bridging visa, Class A;

(b) if, immediately before 1 September 1994, he or she held a visa that permitted him or her to re-enter Australia — a bridging visa, Class B;

(i) at the time of primary application, he or she was a prohibited non-citizen or an illegal entrant; and

a bridging visa, Class C;

(d) if, immediately before 1 September 1994, he or she was subject to a reporting condition — a bridging visa, Class E.

(3) If the non-citizen applied:

(a) on or after 19 December 1989 and before 1 February 1993 for an entry permit of a class mentioned or referred to in regulation 22A, 22B, 22C or 22E of the Migration (1989) Regulations; or

(b) on or after 1 February 1993 and before 1 September 1994 for an entry permit of a class mentioned or referred to in regulation 2.29 of the Migration (1993) Regulations;

then, despite those regulations, he or she is not taken to have been granted a bridging visa under this regulation in respect of an application that, under a regulation referred to in paragraph (a) or (b), his or her application is taken to have effect as.

Note Under those regulations, an application for an entry permit of certain classes also had effect as an application for an entry permit of certain other classes.

11 Visa period etc of bridging visa taken to have been granted under regulation 10

(1) The visa period of a bridging visa that a non-citizen is taken to have been granted under regulation 10 starts on 1 September 1994 and ends:

(a) if his or her primary application was made before 19 December 1989:

(i) if that application is an application in respect of which an application for reconsideration could be made under regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations:

(A) 28 days after the Minister notifies him or her of a decision on the primary application; or

(B) if the non-citizen has applied or applies for reconsideration under either of those regulations, within the time allowed to do so — 28 days after the Minister notifies the non-citizen of the Minister’s decision following the reconsideration; or

(ii) if that application is not an application in respect of which an application for reconsideration could be made under regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations — 28 days after the Minister notifies him or her of a decision on the primary application; or

(iii) if the visa is a bridging visa A or B — on cancellation of a substantive visa held by the non-citizen; or

(iv) on the grant of another bridging visa to the non-citizen in respect of that application; or

(v) on the grant of a transitional visa to the non-citizen; or

(vi) if the application is withdrawn — on that withdrawal; or

(b) in any other case — as provided under the amended Act and the Migration Regulations in respect of a bridging visa of the class that the non-citizen is taken to hold.

(2) A bridging visa B that a non-citizen is taken to have been granted under regulation 10 permits him or her to travel to and enter Australia during the period during which the visa referred to in paragraph 10 (2) (b) would have permitted him or her to do so.

12 Non-citizens outside Australia with applications not finally determined on 1 September 1994

(a) was outside Australia on 1 September 1994; and

(b) immediately before that date, held a visa permitting him or her to travel to, or to travel to and enter Australia; and

(c) would be a non-citizen to whom regulation 10 or 13 applies if he or she had been in Australia on 1 September 1994.

(2) A non-citizen to whom this regulation applies is taken, on 1 September 1994, to have been granted a bridging visa Class B permitting him or her:

(a) to travel to and enter Australia during the period during which the visa referred to in paragraph (1) (b) would have permitted him or her to do so; and

(b) to remain in Australia until 28 days after his or her substantive visa application is finally determined.

13 Members of the family unit

(a) is a member of the family unit of a non-citizen (in this regulation called the family head) who is taken, under regulation 10 or 12, to have been granted a bridging visa because he or she has applied for review of a decision; and

(b) was in Australia on 1 September 1994; and

(c) was not in immigration detention; and

(d) either:

(i) was included in the family head’s application for an entry permit; or

(ii) applied at the same time as the family head for an entry permit.

(2) A non-citizen to whom this regulation applies is taken to have been granted a bridging visa:

(a) of the same class; and

(b) subject to subregulation (3), having the same visa period and conditions;

as the bridging visa that is taken, under regulation 10, to have been granted to the family head.

(3) If a non-citizen to whom a bridging visa is taken to be granted under this regulation was, immediately before 1 September 1994, subject to:

(a) a restriction as to his or her right to work; or

(b) a reporting condition;

the bridging visa is subject to a condition to the same effect.

14 Illegal entrants who have applied for judicial review

(a) was in Australia immediately before 1 September 1994; and

(b) was, immediately before 1 September 1994, an illegal entrant; and

(c) was not in immigration detention on that date; and

(d) applied for judicial review of a decision before that date and within the period:

(i) allowed for the purpose under the old Act or the Administrative Decisions (Judicial Review) Act 1977, as the case requires; or

(ii) allowed for the purpose by the Court.

(2) A non-citizen to whom this regulation applies is taken to have been granted, on 1 September 1994, a bridging visa of a class worked out as follows:

(a) if:

(i) at the time of primary application, he or she was not a prohibited non-citizen or an illegal entrant; and

a bridging visa, Class A;

(b) if:

(i) at the time of primary application, he or she was a prohibited non-citizen or an illegal entrant; and

a bridging visa, Class C;

(i) immediately before 1 September 1994, he or she was subject to a reporting condition; or

(ii) the decision being reviewed is a decision to cancel an entry permit;

a bridging visa, Class E.

(3) The visa period of a bridging visa that a non-citizen is taken to have been granted under subregulation (2) starts on 1 September 1994 and ends:

(a) 28 days after the non-citizen is notified of the decision of the Court; or

(b) if the non-citizen appeals against the decision of the Court — 28 days after the appeal is finally disposed of.

15 Conditions of bridging visa under regulation 10, 12, 13 or 14

(1) If a non-citizen was subject to a reporting condition immediately before 1 September 1994, a bridging visa taken to be granted to him or her under regulation 10, 12, 13 or 14 is subject to the same reporting conditions as those to which the non-citizen was subject before that date.

(2) If, immediately before 1 September 1994, the non-citizen:

(a) was an illegal entrant; and

(b) had applied before that date for an entry permit of any of the following classes:

(i) Class 817 (protection (permanent)) under the Migration (1993) Regulations; or

(ii) Class 784 (domestic protection (temporary)) under the Migration (1993) Regulations; or

(iii) domestic protection (temporary) (code number 784) under the Migration (1989) Regulations; and

(c) had been given written permission to work under subsection 83 (2) of the old Act;

a bridging visa taken to have been granted to him or her under regulation 10, 12, 13 or 14 is subject to the conditions with regard to work that applied to the non-citizen immediately before 1 September 1994.

(3) Subject to this regulation, the conditions of a bridging visa taken to be granted to a non-citizen under regulation 10, 12, 13 or 14 are the conditions set out in Schedule 2 of the Migration Regulations in relation to a bridging visa of that subclass.

16 Non-citizens who became illegal entrants because of s. 20 of the old Act

(a) was in Australia on 1September 1994; and

(b) was, immediately before that date, a person to whom section 20 of the old Act applied; and

(c) did not, immediately before 1 September 1994, hold an entry permit or entry visa endorsed as required by subsection 20 (5) or (5A) of the old Act;

other than a non-citizen who:

(d) is a New Zealand citizen; or

(e) was the subject of a deportation order immediately before 1 September 1994; or

(f) was, or would have been but for subsection 35 (2) of the old Act, the holder of an entry permit or entry visa that in any event would have ceased to have effect before 1 September 1994.

Note S. 20 of the old Act dealt with persons who evaded officers to enter Australia or who gave false information or bogus documents.

(2) If a non-citizen to whom this regulation applies held, or would but for subsection 35 (2) of the old Act have held, an entry permit or entry visa at some time before 1 September 1994, he or she is taken to have been granted, on 1 September 1994, a transitional visa of the same class as he or she would hold under regulation 4 or 5 if section 20 had not applied to him or her immediately before that date.

(3) A transitional visa that is taken to have been granted to a non-citizen under subregulation (2) is subject to the same conditions (if any) as the entry permit or entry visa that he or she would have held but for the effect of subsection 35 (2) of the old Act before 1 September 1994.

(4) The visa period of a transitional (temporary) visa that a non-citizen is taken to have been granted under subregulation (2) begins on 1 September 1994 and ends on the day that the entry permit or entry visa that he or she would have held but for the effect of subsection 35 (2) of the old Act would have ceased but for the effect of section 20 and subsection 35 (2) of that Act.

Note If s. 20 applied to a person and he or she did not hold a properly endorsed entry permit or entry visa, he or she was an illegal entrant while he or she remained in Australia: old Act, s. 14. S. 35 (2) cancelled an entry permit held by a person to whom s. 20 applied.

17 New Zealand citizens and certain children of New Zealand citizens

(1) This subregulation applies to a non-citizen who:

(a) is a New Zealand citizen; and

(b) either:

(i) was in Australia lawfully immediately before 1 September 1994; or

(ii) was, immediately before 1 September 1994, an illegal entrant because of section 20 of the old Act; and

(c) is not taken to hold:

(i) a transitional visa under Part 2 or 3; or

(ii) a Norfolk Island Permanent Resident visa under regulation 18; or

(iii) a Subclass 995 (Diplomatic) visa under regulation 19; or

(iv) a special purpose visa; or

(v) an absorbed person visa; and

(d) was not the subject of a deportation order immediately before 1 September 1994.

(1A) This subregulation applies to a non-citizen who:

(a) is the child of a New Zealand citizen; and

(b) was born in Australia on or after 20 August 1986 and before 1 September 1994; and

(c) was not a New Zealand citizen on 1 September 1994; and

(d) satisfies the criteria set out in paragraphs (1) (b), (c) and (d).

(2) A non-citizen to whom subregulation (1) or (1A) applies is taken to have been granted a special category visa on 1 September 1994.

18 Non-citizens having right of permanent residence on Norfolk Island

A non-citizen who:

(a) was in Australia (whether lawfully or not) on 1 September 1994; and

(b) has the right of permanent residence on Norfolk Island;

is taken to have been granted a Norfolk Island Permanent Resident visa on 1 September 1994.

19 Diplomats

(1) A non-citizen who, immediately before 1 September 1994:

(a) was in Australia; and

(b) was an exempt non-citizen of the kind referred to in paragraph (b) of the definition of exempt non-citizen in subsection 4 (1) of the old Act;

is taken to have been granted a Subclass 995 (Diplomatic) visa on 1 September 1994.

(2) The visa period of a Subclass 995 (Diplomatic) visa that is taken to have been granted to a non-citizen under subregulation (1) ends when the non-citizen ceases to have the status of a diplomatic or consular representative in Australia of a country other than Australia.

(3) A non-citizen who:

(a) was outside Australia immediately before 1 September 1994; and

(b) held a Class 995 (Diplomatic) visa granted under the Migration (1993) Regulations or a diplomatic (code number 995) visa granted under the Migration (1989) Regulations;

is taken to have been granted a Subclass 995 (Diplomatic) visa on 1 September 1994 permitting him or her to travel to and enter Australia until the date specified by the Minister for that purpose in the visa referred to in paragraph (b), and to remain in Australia until the non-citizen, or the non-citizen of whose family unit he or she is a member, as the case requires, ceases to have the status of a diplomatic or consular representative in Australia of a country other than Australia.

19A Special Circumstance visa

(1) There is a class of permanent visas called Special Circumstance visas.

(2) A non-citizen who meets the requirements of subregulation (3) or (4) is taken to have been granted a Special Circumstance visa on 1 September 1994.

(3) A non-citizen meets the requirements of this subregulation if:

(a) the non-citizen was born in Papua New Guinea before 16 September 1975 (‘Independence Day’); and

(b) before Independence Day, the non-citizen became an Australian citizen under section 10, or paragraph 25 (1) (a), of the Australian Citizenship Act 1948; and

(c) on Independence Day, the non-citizen ceased to be an Australian citizen by operation of the Papua New Guinea Independence (Australian Citizenship) Regulations; and

(d) the non-citizen is not a person who:

(i) having ceased to be an Australian citizen as mentioned in paragraph (c), is taken, by operation of regulation 2 of the Papua New Guinea Independence (Australian Citizenship of Young Persons) Regulations, to have re-acquired Australian citizenship on Independence Day; and

(ii) subsequently ceased to be an Australian citizen by operation of regulation 3 of those Regulations; and

(e) the non-citizen:

(i) has parental links with Australia (within the meaning of subregulation (5)); or

(ii) is a person to whom an Australian passport was issued on or after Independence Day; or

(iii) is a person with parental passport links with Australia (within the meaning of subregulation (6)); or

(iv) is a person whose name was registered:

(A) under section 11 of the Australian Citizenship Act 1948 (as that section was in force before 22 November 1984) on or after Independence Day; or

(B) under section 10B of the Australian Citizenship Act 1948 on or after 22 November 1984; or

(v) is a person in relation to whom a written record of the giving to the person of notification from a Commonwealth Department to the effect that the person was, at the time of giving the notification, an Australian citizen can be produced (whether that notification was correct or not and whether the person has subsequently been notified to the contrary or not); and

(g) the non-citizen was not a citizen of a country other than Papua New Guinea on 1 September 1994; and

(h) the non-citizen has been in Australia for a period of, or for periods that together amount to, at least 2 years during the period from 1 September 1989 to 1 September 1994 (inclusive); and

(j) either:

(i) the non-citizen is in Australia on 1 November 1995 but is not the holder of either a permanent visa or a transitional (permanent) visa; or

(ii) the non-citizen is not in Australia on 1 November 1995 and, after 1 November 1995, produces satisfactory evidence of a purported entitlement to enter Australia (in accordance with subregulation (7)).

(4) A non-citizen meets the requirements of this subregulation if:

(a) the non-citizen is a natural, or adoptive, child or grandchild, of a person who meets the requirements of subregulation (3); and

(b) the non-citizen was not a citizen of a country other than Papua New Guinea on 1 September 1994; and

(c) either:

(i) the non-citizen is in Australia on 1 November 1995 but is not the holder of either a permanent visa or a transitional (permanent) visa; or

(ii) the non-citizen is not in Australia on 1 November 1995 and, after 1 November 1995, produces satisfactory evidence of a purported entitlement to enter Australia (in accordance with subregulation (7)).

(5) For the purposes of subparagraph (3) (e) (i), a non-citizen has parental links with Australia if a natural, or adoptive, parent of the non-citizen:

(a) either:

(i) was an Australian citizen immediately before Independence Day; or

(ii) died before Independence Day but was an Australian citizen on the date of his or her death; and

(b) either:

(i) did not have 2 grandparents who were born in Papua New Guinea, or the adjacent area (within the meaning of subsection 65 (3) of the Constitution of the Independent State of Papua New Guinea as in force on Independence Day); or

(ii) had a right of permanent residence in Australia immediately before Independence Day or on the date of his or her death, as the case requires.

(6) For the purposes of subparagraph (3) (e) (iii), a non-citizen has parental passport links with Australia if:

(a) the person is a natural, or adoptive, child of a person to whom an Australian passport was issued on or after Independence Day; and

(b) particulars of the child were included in an endorsement of that passport under regulation 11 of the Passports Regulations as that regulation was in force before 20 August 1986; and

(c) that passport did not also include an endorsement to the effect that the child had not acquired Australian citizenship.

(7) For the purposes of subparagraphs (3) (j) (ii) and (4) (c) (ii), a non-citizen produces satisfactory evidence of a purported entitlement to enter Australia if:

(a) the non-citizen presents to an officer an Australian passport that has not expired and:

(i) in the case of a non-citizen who claims to meet the requirements of subregulation (3) — was issued to the non-citizen; or

(ii) in the case of a non-citizen who claims to meet the requirements of subregulation (4) — was issued to, or endorsed to include, the non-citizen; or

(b) before 1 November 1996, the non-citizen presents to an officer evidence:

(i) in the case of a non-citizen who claims to meet the requirements of subregulation (3) — that paragraph (3) (e) applies to the non-citizen; or

(ii) in the case of a non-citizen who claims to meet the requirements of subregulation (4) — that paragraph (3) (e) applies to the non-citizen or to a natural, or adoptive, parent or grandparent of the non-citizen.

(8) A Special Circumstance visa is a permanent visa permitting the holder to travel to, and enter, Australia:

(a) in the case of a non-citizen referred to in paragraph (7) (a):

(i) if the day on which the person presents the relevant passport is before 1 November 1996 — for a period of 4 years from that day; or

(ii) if the day on which the person presents the relevant passport is on or after 1 November 1996 — for a period of 5 years from that day; and

(b) in any other case — until 31 October 1999.

(9) It is declared, pursuant to subsection 40 (3) of the Reform Act, that subsection 82 (2) of the amended Act does not apply in relation to a Special Circumstance visa taken to be granted to a person to whom a substantive (temporary) visa was granted during the period from 1 September 1994 to 31 October 1995 (inclusive).

(10) In this regulation:

Australian passport includes:

(a) an Australian passport that was issued as a result of a mistake on the part of a person acting on behalf of the Commonwealth; and

(b) an Australian passport that has expired (whether the passport was issued as a result of a mistake or not);

but does not include:

(c) an Australian passport that was issued on the basis of any false or misleading statement (whether made orally or in writing); or

(d) an Australian passport that has been altered since its issue; or

(e) an Australian passport, or other document, in relation to which an act referred to in section 9B of the Passports Act 1938 has been performed.

Part 5 Applications unresolved on 1 September 1994

20 Interpretation

In this Part:

application means an application for the grant of a visa or entry permit, but does not include an application for the grant of an entry permit referred to in subparagraph 39 (a) (ii) of the Reform Act.

21 Visa and entry permit applications made before 19 December 1989

(1) This regulation applies to:

(a) an application for the grant of a visa or entry permit made before 19 December 1989 on which the Minister had not made a decision before 1 September 1994; or

(b) an application for reconsideration of a refusal to grant a visa or entry permit, if:

(i) the original application for the grant of a visa or entry permit was made before 19 December 1989; and

(ii) the Minister refused that application, and the applicant applied for reconsideration of that refusal, before 1 September 1994; and

(iii) the Minister had not made a decision on the application for reconsideration before 1 September 1994; or

(c) an application for reconsideration of a refusal to grant a visa or entry permit, if:

(i) the original application for the grant of a visa or entry permit was made before 19 December 1989; and

(ii) the Minister refused that application before 1 September 1994, and on or after that date the applicant applied for reconsideration of that refusal under regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations as continued in force by regulation 24.

(2) If, on or after 1 September 1994, the Minister decides that a non-citizen is entitled to be granted a visa or entry permit under the provisions continued in effect by subsection 6 (4) of the Migration Legislation Amendment Act 1989, the non-citizen is taken to be granted:

(a) if the primary application was for a temporary visa or entry permit — a transitional (temporary) visa; or

(b) if the primary application was for a permanent visa or entry permit — a transitional (permanent) visa.

Note S. 6 (4) of the Migration Legislation Amendment Act 1989 continues in force the provisions of the Migration Act 1958 as in force before 19 December 1989 with regard to applications not decided at that date.

(3) A transitional (permanent) visa that is taken to be granted to a non-citizen under subregulation (2) is a visa:

(a) to travel to and enter Australia on 1 or more occasions:

(i) in the case of a visa granted before 1 November 1996:

(A) if the primary application was for a visa — for 4 years from the date of grant; or

(B) if the primary application was for an entry permit — for 3 years from the date of grant; or

(ii) in the case of a visa granted on or after 1 November 1996 — for 5 years from the date of grant; and

(b) to remain in Australia indefinitely; and

(c) subject to:

(i) a condition that the holder must first enter Australia by a date specified by the Minister for the purpose; and

(ii) the other conditions (if any) that the Minister imposes, being conditions that the Minister could have imposed if the application had been decided under the old Act as in force at the date of the application.

(4) A transitional (temporary) visa that is taken to be granted to a non-citizen under subregulation (2) is a visa to travel to, enter, and remain in Australia, and:

(a) has a visa period the same as the period for which the visa applied for would have been in force; and

(b) is subject to the same conditions (if any);

as would have been the case if the application had been decided under the old Act as in force at the date of the application.

22 Visa applications made on or after 19 December 1989 and before 1 September 1994

(1) Subject to this Part, Division 2 of Part 2 of the old Act, and Regulations made for the purposes of that Division, continue to apply to a primary application for a visa made on or after 19 December 1989 and before 1 September 1994.

(2) If, on or after 1 September 1994, the Minister or a review authority decides that a non-citizen is entitled to be granted a visa under the provisions referred to in subregulation (1), the visa to be granted is:

(a) if the application was for a temporary visa — a transitional (temporary) visa; or

(b) if the application was for a permanent visa — a transitional (permanent) visa.

(3) Subject to subregulation (5), a transitional (permanent) visa that is granted to a non-citizen under subregulation (2) is a visa:

(a) to travel to and enter Australia on 1 or more occasions:

(i) in the case of a visa granted before 1 November 1996 — for 4 years from the date of grant; or

(ii) in the case of a visa granted on or after 1 November 1996 — for 5 years from the date of grant; and

(b) to remain in Australia indefinitely; and

(c) that is subject to:

(i) a condition that the holder must first enter Australia by a date specified by the Minister for the purpose; and

(ii) the other conditions (if any) that the Minister imposes, being conditions that the Minister could have imposed if the application had been decided under the old Act as in force at the date of the application.

(4) A transitional (temporary) visa that is granted to a non-citizen under subregulation (2) is a visa to travel to, enter, and remain in Australia, and:

(a) has a visa period the same as the period for which the visa would have been in force; and

(b) is subject to the conditions (if any) that the Minister imposes, being conditions that the Minister could have imposed;

if the application had been decided under the old Act as in force at the date of the application.

(5) Subject to subregulation (5A), if the application was for a permanent return visa, the transitional visa is to be a visa permitting the holder:

(a) to travel to and enter Australia within the period after the date of grant during which he or she would have been permitted to do so if he or she had been granted the visa applied for; and

(b) to remain in Australia indefinitely.

(5A) If:

(a) the application was an application for a permanent entry permit that also had effect:

(i) under regulation 22A of the Migration (1989) Regulations, as an application for a return visa, class A (code number 154); or

(ii) under subclause 154.411 (3) of Chapter 1.4 of Schedule 2 to the Migration (1993) Regulations, as an application for a Class 154 (resident return (A)) visa; and

(b) the transitional visa granted on the basis of the application referred to in subparagraph (a) (i) or (ii) is granted on or after 1 November 1996;

that transitional visa is to be a visa permitting the holder:

(c) to travel to and enter Australia during the period commencing on the date of grant and ending at the end of the period of 5 years from the date of grant of the permanent entry permit or transitional (permanent) visa granted on the basis of the satisfaction by the applicant of the criteria that applied to the permanent entry permit referred to in paragraph (a); and

(d) to remain in Australia indefinitely.

(6) Division 2 of Part 2 of the old Act continues to apply to applications to which this regulation applies as if:

(a) references in that Division to visas of a specified class or classes were references to transitional visas granted on the basis of an application for visas of a specified class or classes, as the case requires; and

(b) references in that Division to visas of a class or classes were references to transitional visas granted on the basis of an application for visas of a class or classes, as the case requires.

(7) Subdivision AB of Division 3 of Part 2 of the amended Act:

(a) does not apply to an application referred to in this regulation; and

(b) applies under section 342 of the amended Act to an application for review of a primary decision in respect of an application referred to in this regulation only if the review application is made on or after 1 September 1994.

23 Entry permit applications made on or after 19 December 1989 and before 1 September 1994

(1) This regulation applies to an application for an entry permit that:

(a) was made on or after 19 December 1989 and before 1 September 1994; and

(b) had not been finally determined before 1 September 1994.

(2) An application to which this regulation applies is taken, on 1 September 1994, to be:

(a) if the application was for a temporary entry permit — an application for a transitional (temporary) visa; or

(b) if the application was for a permanent entry permit — an application for a transitional (permanent) visa.

(3) An application that, under subregulation (2), is taken to be an application for a transitional visa is to be decided according to the criteria that applied to the entry permit for which application was made.

(4) Subsections 33 (3A) and (3B) and sections 40 and 42 of the old Act continue to apply to and in relation to an application to which this regulation applies as if a reference in those sections to a class of entry permits were a reference to a class of transitional visas for which applications were constituted by applications for entry permits of a specified class under the Migration (1993) Regulations.

(5) A transitional (temporary) visa that is granted to a non-citizen on the basis of an application to which this regulation applies is to be:

(a) in the case of an application for a Class 828 (processing (temporary)), Class 829 (processing (residence)) or Class 830 (1 November 1993 (processing)) entry permit under the Migration (1993) Regulations, or a processing (code number 825) entry permit under the Migration (1989) Regulations — a visa to remain in Australia; or

(b) in any other case — a visa to travel to, enter, and remain in Australia.

(6) A transitional (permanent) visa that is granted to a non-citizen on the basis of an application to which this regulation applies is a visa:

(a) to travel to and enter Australia:

(i) in the case of a visa granted before 1 November 1996 — for a period of 3 years from the date of grant; or

(ii) in the case of a visa granted on or after 1 November 1996 — for a period of 5 years from the date of grant; and

(b) to remain in Australia permanently; and

(c) that is subject to the conditions (if any) that the Minister imposes, being conditions that the Minister could have imposed if the application had been decided under the old Act and Regulations as in force at the date of the application.

(7) A transitional (temporary) visa that is granted to a non-citizen on the basis of an application to which this regulation applies:

(a) has a visa period the same as the period for which the visa would have been in force; and

(b) is subject to the same conditions (if any);

as would have been the case if the application had been decided under the old Act and Regulations as in force at the date of the application.

(8) Subdivision AB of Division 3 of Part 2 of the amended Act:

(a) does not apply to an application referred to in this regulation; and

(b) applies under section 342 of the amended Act to an application for review of a primary decision in respect of an application referred to in this regulation only if the review application is made on or after 1 September 1994.

23A Application of public interest criteria 4007 and 4008

In the case of an application to which regulation 21, 22 or 23 applies, if it is a criterion for the grant of the visa or entry permit applied for that an applicant must comply with public interest criterion 4007 or 4008, those criteria apply as they are in force on 1 September 1994.

Part 5A Certain applications made under Migration (1989) Regulations and Migration (1993) Regulations

23B Interpretation

(1) In this Part:

the July 1995 amendments means Statutory Rules 1995 No. 117.

(2) For the purposes of this Part, an application is finally determined:

(a) when:

(i) it is finally determined within the meaning of subsection 5 (9) of the Act; and

(ii) a decision that has been made in respect of the application is not, or is no longer, subject to review under Part 8 of the Act; or

(b) if an application for reconsideration of a decision in respect of the application has been, or may be, made under the provisions continued in force by regulation 24 of these Regulations:

(i) when an application for reconsideration has been made and a decision has been made following reconsideration; or

(ii) when an application for reconsideration may no longer be made.

(3) A reference in this Part to a criterion relating to domestic violence is a reference to a criterion that a person has suffered domestic violence (within the meaning of regulation 1.22 of the Migration Regulations).

23C Certain applications under the Migration (1989) Regulations — criteria related to domestic violence

(1) This regulation applies to an application for an entry permit of any of the following classes under the Migration (1989) Regulations:

(a) confirmatory (code number 808);

(b) extended eligibility (spouse) (code number 820);

(c) extended eligibility (economic) (code number 823);

(d) extended eligibility (interdependency) (code number 826);

(e) interdependency (permanent) (code number 814);

(f) skilled occupation (code number 805);

(g) spouse (after entry) (code number 801);

that was not finally determined before 3 July 1995.

(2) For the purposes of an application to which this regulation applies, the Migration (1989) Regulations have effect:

(i) provisions to the same effect as Division 1.5 inserted into the Migration Regulations by the July 1995 amendments had been inserted into the Migration (1989) Regulations; and

(ii) criteria to the same effect as the criteria relating to domestic violence inserted into the primary criteria in a Part of Schedule 2 of the Migration Regulations specified in the following table by the July 1995 amendments had been inserted into the regulation or regulations in the Migration (1989) Regulations specified opposite that Part in the table:

and

(b) in the case of an application made by a person who is a member of the family unit of a person who has applied as a principal person (within the meaning of regulation 108 of the Migration (1989) Regulations) for an extended eligibility (economic) (code number 823) or skilled occupation (code number 805) entry permit — as if criteria to the same effect as the criteria relating to domestic violence inserted into the secondary criteria in Part 805 of Schedule 2 to the Migration Regulations had been inserted into regulation 108 of the Migration (1989) Regulations; and

(c) as if those provisions and criteria had been in force at all relevant times.

23D Certain applications under the Migration (1989) Regulations — criteria related to holding of interdependency (temporary) (code number 305) visa or entry permit

(1) This regulation applies to an application for an interdependency (permanent) (code number 814) entry permit under the Migration (1989) Regulations, being an application that was not finally determined before 3 July 1995.

(2) For the purposes of an application to which this regulation applies, the Migration (1989) Regulations have effect:

(a) as if, before the application was made, the following paragraph had been inserted into regulation 142D of the Migration (1989) Regulations:

‘(aa) at the time when the application for the permit is decided, the applicant:

(i) is nominated by a person (in this paragraph called ‘the nominator’):

(A) who is an Australian citizen or Australian permanent resident; and

(B) with whom the applicant has a relationship of the kind specified in subparagraph 130A (1) (a) (i); and

(ii) holds a valid extended eligibility (interdependency) (code number 826) entry permit, a criterion for the grant of which was that the applicant and the nominator had that relationship; and

(iii) has held an interdependency (temporary) (code number 305) visa or entry permit for the grant of which the applicant was nominated by the nominator; and

(iv) continues to be nominated for the grant of the permit by the nominator; or’; and

(b) as if that paragraph had been in force at all relevant times.

23E Certain applicants for retirement (code number 410) visas or entry permits under the Migration (1989) Regulations

(1) This regulation applies to an applicant for a retirement (code number 410) visa or entry permit under the Migration (1989) Regulations if his or her application was not finally determined before 3 July 1995.

(2) For the purposes of an application by an applicant to whom this regulation applies, the Migration (1989) Regulations have effect:

(i) provisions to the same effect as the primary criteria in Part 410 of Schedule 2 to the Migration Regulations (as that Part was in force on and after 3 July 1995) had been substituted for regulations 75 and 120 of the Migration (1989) Regulations; and

(ii) provisions to the same effect as the secondary criteria in that Part (as in force on and after that day) had been inserted into regulation 108 of the Migration (1989) Regulations; and

(b) as if those provisions had been in force at all relevant times.

(3) An applicant to whom this regulation applies is taken to comply with the criteria for the visa or entry permit if:

(a) he or she satisfies the criteria set out in regulations 75 and 120, or regulation 108 (as the case requires), of the Migration (1989) Regulations as in force at the time of the application; or

(b) he or she:

(i) is a rollover applicant (within the meaning of Part 410 of Schedule 2 to the Migration Regulations as in force on and after 3 July 1995) or the spouse of a rollover applicant; and

(ii) satisfies the criteria applicable to a rollover applicant set out in that Part as in force on and after that date.

(4) A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 3 (a) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

(5) A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 3 (b) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia for a period of 2 years from the date of grant.

23F Certain applications under the Migration (1993) Regulations — criteria related to domestic violence

(1) This regulation applies to an application for an entry permit of any of the following classes under the Migration (1993) Regulations:

(a) Class 801 (spouse (after entry));

(b) Class 805 (skilled occupation);

(c) Class 814 (interdependency (permanent));

(d) Class 820 (extended eligibility (spouse));

(e) Class 826 (extended eligibility (interdependency));

that was not finally determined before 3 July 1995.

(2) For the purposes of an application to which this regulation applies, the Migration (1993) Regulations have effect:

(i) provisions to the same effect as Division 1.5 inserted into the Migration Regulations by the July 1995 amendments had been inserted into the Migration (1993) Regulations; and

(ii) criteria to the same effect as the criteria relating to domestic violence inserted into the primary criteria in Part 801, 814, 820 or 826 of Schedule 2 to the Migration Regulations by those amendments had been inserted into the Part of Schedule 2 to the Migration (1993) Regulations having the same number as that Part; and

(iii) criteria to the same effect as the criteria relating to domestic violence inserted into the secondary criteria in Part 805 of Schedule 2 to the Migration Regulations by those amendments had been inserted into Part 012 of Schedule 3 to the Migration (1993) Regulations; and

(b) as if those provisions and criteria had been in force at all relevant times.

23G Certain applications under the Migration (1993) Regulations — criteria related to holding of Class 305 (interdependency (temporary)) visa or entry permit

(1) This regulation applies to an application for a Class 814 (interdependency (permanent)) entry permit under the Migration (1993) Regulations, being an application that was not finally determined before 3 July 1995.

(2) For the purposes of an application to which this regulation applies, the Migration (1993) Regulations have effect:

(i) ‘(2A),’ were inserted after ‘(2),’ in subclause 814.732 (1) of Chapter 1.2 of Schedule 2 to the Migration (1993) Regulations; and

(ii) the following subclause were inserted into clause 814.732 of that Chapter:

‘(2A) An applicant meets the requirements of this subclause if:

(a) the applicant is the holder of a Class 826 (extended eligibility (interdependency)) entry permit; and

(b) the applicant has held:

(i) a Class 305 (interdependency (temporary)) visa or entry permit for the grant of which the applicant was nominated by the nominator; or

(ii) an interdependency (temporary) (code number 305) visa or entry permit granted under the Migration (1989) Regulations; and

(c) the applicant continues to be nominated for the grant of the Class 814 entry permit by the nominator; and

(d) the applicant has a relationship with the nominator that is acknowledged by both and involves:

(i) residing together; and

(ii) being closely interdependent; and

(iii) having a continuing commitment to mutual emotional and financial support; and

(e) the relationship between the applicant and the nominator is both genuine and continuing.’;

and

(b) as if those criteria had been in force at all relevant times.

23H Certain applications under the Migration (1993) Regulations — Class 410 (retirement) visa or entry permit

(1) This regulation applies to an applicant for a Class 410 (retirement) visa or entry permit under the Migration (1993) Regulations whose application was not finally determined before 3 July 1995.

(2) For the purposes of an application by an applicant to whom this regulation applies, the Migration (1993) Regulations have effect:

(i) criteria to the same effect as the primary criteria in Part 410 (as that Part was in force on and after 3 July 1995) of Schedule 2 to the Migration Regulations had been substituted for Part 410 of Chapter 2.1 of Schedule 2 to the Migration (1993) Regulations; and

(ii) criteria to the same effect as the secondary criteria in Part 410 (as that Part was in force on and after 3 July 1995) of Schedule 2 to the Migration Regulations had been inserted into Part 021 of Schedule 3 to the Migration (1993) Regulations; and

(b) as if those criteria had been in force at all relevant times.

(3) An applicant to whom this regulation applies is taken to comply with the criteria for the visa or entry permit if:

(a) he or she satisfies the criteria set out in Part 410 of Chapter 2.1 of Schedule 2, or Part 021 of Schedule 3, to the Migration (1993) Regulations as in force at the time of the application; or

(b) he or she:

(i) is a rollover applicant (within the meaning of Part 410 of Schedule 2 to the Migration Regulations as in force on and after 3 July 1995) or the spouse of a rollover applicant; and

(ii) satisfies the criteria applicable to a rollover applicant set out in that Part as in force on and after that date.

(4) A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 3 (a) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

(5) A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 3 (b) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia for a period of 2 years from the date of grant.

23I Certain applications under the Migration (1993) Regulations — Class 816 (special (permanent) entry permit (after entry))

(1) This regulation applies to an application for a Class 816 (special (permanent) entry permit (after entry)) under the Migration (1993) Regulations that has not been finally determined.

(2) For the purposes of an application to which this regulation applies, subclause 816.732 (3) of Chapter 1.2 of Schedule 2 of the Migration (1993) Regulations is taken to have been amended on 1 March 1994 by omitting ‘, not later than 31 October 1995,’.

Part 6 Reconsideration of certain decisions

24 Reconsideration under 1989 or 1993 Regulations

(1) This regulation applies if:

(a) a person had, before 19 December 1989, applied for a visa or entry permit; and

(b) regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations would have applied to a decision made before 1 September 1994 in respect of that application.

(2) Subject to these Regulations, the old Act and regulations made under it, as in force on 31 August 1994, continue to apply to the reconsideration of the decision.

(3) A fee of $240 is payable on an application for reconsideration of a decision.

(4) The fee paid under subregulation (3) is to be refunded if, on reconsideration, the applicant is granted a visa.

Part 7 Review of decisions

Division 1 Offshore applications for visas made on or after 19 December 1989 and before 1 September 1994

25 Application of Division

(1) This Division applies to a decision of the Minister or a review authority on an application for a visa made on or after 19 December 1989 and before 1 September 1994 at a time when the applicant was outside Australia, if the application had not been finally determined before 1 September 1994.

(2) In its application to a decision to which this Division applies, Part 5 of the amended Act has effect in accordance with this Division.

26 Application of Code of Procedure

Subdivision AB of Division 3 of Part 2 of the amended Act (as applied by section 342 of the amended Act) applies to an application for review referred to in this Division only if the review application is made on or after 1 September 1994.

27 Certain decisions in respect of visas that can be granted in Australia

(1) This regulation applies to a decision (other than a decision referred to in regulation 29) on a primary application to which Part 5 of the amended Act applies.

(2) In relation to review of a decision to which this regulation applies, Part 5 of the amended Act has effect as if subparagraphs (e) (i), (f) (i), (g) (i) and (h) (i) were omitted from the definition of Part 5 reviewable decision in section 337 of that Act.

28 Review of decision — Class 124 or 419 visa

(1) This regulation applies to a decision to refuse a non-citizen a visa of any of the following classes:

(a) distinguished talent (Australian support) (code number 124) under the Migration (1989) Regulations or Class 124 (distinguished talent — Australian support) under the Migration (1993) Regulations;

(b) visiting academic (code number 419) under the Migration (1989) Regulations or Class 419 (Visiting academic) under the Migration (1993) Regulations;

if the primary application included:

(c) in the case of an application for a visa of a class referred to in paragraph (a) — particulars of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen who, or an Australian organisation that, had given written testimony to the applicant’s standing; or

(d) in the case of an application for a visa of a class referred to in paragraph (b) — particulars of an Australian tertiary institution or research institution that had invited the applicant to visit it.

(2) Part 5 of the amended Act has effect in relation to a decision to which this regulation applies as if:

(a) subparagraph (e) (ii) of the definition of Part 5 reviewable decision in section 337 were omitted and the following subparagraph substituted:

‘(ii) in accordance with a criterion for the grant of the visa, the non-citizen’s application included particulars of:

(A) an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen, or an Australian organisation, having a national reputation in relation to the applicant’s profession, occupation or activity who or that has given written testimony to the applicant’s standing in that profession, occupation or activity; or

(B) an Australian tertiary institution or research institution that has invited the applicant to visit it; or’;

and

(b) paragraph 339 (2) (b) were omitted and the following paragraphs substituted:

‘(b) if the decision is covered by subparagraph (e) or (h) of that definition and was not a decision to refuse to grant a visa of a class referred to in paragraph (ba) or (bb) — the sponsor or nominator; or

(ba) if the decision is a decision to refuse to grant a distinguished talent (Australian support) (code number 124) visa under the Migration (1989) Regulations or a Class 124 (distinguished talent — Australian support) visa under the Migration (1993) Regulations — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who, or the Australian organisation that, gave written testimony as to the applicant’s standing; or

(bb) if the decision is a decision to refuse to grant a visiting academic (code number 419) visa under the Migration (1989) Regulations or a Class 419 (visiting academic) visa under the Migration (1993) Regulations — the Australian tertiary institution or research institution that invited the applicant to visit it; or’;

and

(c) paragraph 347 (2) (b) of the Act were omitted and the following paragraphs substituted:

‘(b) if the primary decision is covered by subparagraph (e) or (h) of that definition and was not a decision to refuse to grant a visa of a class referred to in paragraph (ba) or (bb) — the sponsor or nominator; or

(ba) if the primary decision is a decision to refuse to grant a distinguished talent (Australian support) (code number 124) visa under the Migration (1989) Regulations or a Class 124 (distinguished talent — Australian support) visa under the Migration (1993) Regulations — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who, or the Australian organisation that, gave written testimony as to the applicant’s standing; or

(bb) if the primary decision is a decision to refuse to grant a visiting academic (code number 419) visa under the Migration (1989) Regulations or a Class 419 (visiting academic) visa under the Migration (1993) Regulations — the Australian tertiary institution or research institution that invited the applicant to visit it; or’.

29 Review of certain visa decisions

If the application for review is for review of a decision to refuse a primary application for:

(a) a PRC (temporary) (code number 783) visa under the Migration (1989) Regulations or a visa of a class mentioned in Part 2 of Schedule 2 of those Regulations; or

(b) a Class 437 (PRC (temporary)) or Group 1.3 (permanent resident (refugee and humanitarian)) visa under the Migration (1993) Regulations;

Part 5 of the amended Act has effect as if the definition of Part 5 reviewable decision in section 337 of the amended Act were amended by inserting after ‘a visa’ in paragraph (e) ‘(other than a PRC (temporary) (code number 783) visa or a visa mentioned in Part 2 of Schedule 2 of the Migration (1989) Regulations or a Class 437 (PRC (temporary)) or Group 1.3 visa under the Migration (1993) Regulations)’

Division 2 Review of cancellation

30 Cancellation of visas

(1) This regulation applies to a decision made before 1 September 1994 to cancel a visa.

(2) In its application to a decision to which this regulation applies, Part 5 of the amended Act has effect as if, at the end of paragraph (b) of the definition of Part 5 reviewable decision in section 337 of that Act, there were added the following subparagraph:

‘(iv) made before 1 September 1994; or’.

Division 2A Combined applications for review

30A Interpretation

In this Division:

pre-reform visa application means:

(a) a visa application to which regulation 22 applies; or

(b) an entry permit application to which regulation 23 applies.

Note Under regulation 23, an entry permit application made after 19 December 1989 and before 1 September 1994 that remains undecided on 1 September 1994 is taken to be an application for a transitional visa.

30B Combined application for internal review

(1) If:

(a) 2 or more visa applicants have combined their pre-reform visa applications in Australia, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(b) the Minister’s decisions in respect of 2 or more of those visa applicants are that visas not be granted;

the visa applicants referred to in paragraph (b) may combine their applications for internal review of the Minister’s decisions.

(a) a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and

(b) the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(c) the Minister’s decisions in respect of 2 or more of the members of that family unit are that visas not be granted;

the nominator or sponsor may combine his or her applications for internal review of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.

(3) If:

(a) 2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it was a criterion that an applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and

(b) the Minister’s decisions in respect of 2 or more of those visa applicants are that visas not be granted;

an Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the visa applicants may combine his or her applications for internal review of the Minister’s decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.

30C Combined applications for review by the Tribunal

(1) If:

(a) 2 or more persons have, in accordance with regulation 30B, combined their applications for internal review of decisions of the Minister; and

(b) the review officer’s decisions in respect of 2 or more of those persons are that the primary decisions be affirmed;

the persons referred to in paragraph (b) may combine their applications for review by the Tribunal of the review officer’s decisions.

(a) 2 or more applicants have combined their pre-reform visa applications in Australia in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(b) the Minister’s decisions in respect of 2 or more of those applicants are that a visa not be granted; and

(c) the Minister’s decisions are IRT-reviewable decisions;

the applicants referred to in paragraph (b) may combine their applications for review by the Tribunal of the Minister’s decisions.

(3) If:

(a) a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and

(b) the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(c) the Minister’s decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and

(d) the nominator or sponsor has, in accordance with regulation 30B, combined his or her applications for internal review of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa; and

(e) the review officer’s decisions in respect of 2 or more of those members are that the primary decisions be affirmed;

the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.

(4) If:

(a) a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and

(b) the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(c) the Minister’s decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and

(d) the Minister’s decisions are IRT-reviewable decisions;

the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.

(5) If:

(a) 2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it is a criterion that the applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and

(b) the Minister’s decisions in respect of 2 or more of those applicants are that visas not be granted; and

(c) the Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the applicants has, in accordance with regulation 30B, combined his or her applications for internal review of the Minister’s decisions in respect of 2 or more of the members of the family unit to whom the Minister refused to grant a visa; and

(d) the review officer’s decisions in respect of 2 or more of the applicants referred to in paragraph (b) are that the primary decisions be affirmed;

the Australian citizen or Australian permanent resident referred to in paragraph (c) may combine his or her applications for review by the Tribunal of the review officer’s decisions in respect of each of the applicants to whom the Minister refused to grant a visa.

(6) If:

(a) 2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it is a criterion that the applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and

(b) the Minister’s decisions in respect of 2 or more of those visa applicants are that visas not be granted; and

(c) the Minister’s decisions are IRT-reviewable decisions;

an Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the visa applicants may combine his or her applications for review by the Tribunal of the Minister’s decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.

30D Division does not authorise application by sponsor etc for review of entry permit decision

To avoid doubt, nothing in this Division authorises a sponsor or nominator, or an Australian citizen or an Australian permanent resident referred to in subregulation 30B (3), 30C (5) or 30C (6), to apply for review of a decision regarding an application for an entry permit.

Division 2B Combined applications for review by Refugee Review Tribunal

30E Combined applications for review by the Refugee Review Tribunal

(1) If, before 1 September 1994:

(a) 2 or more applicants have combined their applications for:

(i) determinations by the Minister that they are refugees within the meaning of the old Act; or

(ii) the grant of entry permits referred to in subparagraph 39 (a) (ii) of the Reform Act;

in Australia, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(b) the Minister’s decisions in respect of 2 or more of those applicants are that Protection (Class AZ) visas not be granted; and

(c) the Minister’s decisions are RRT-reviewable decisions;

the applicants referred to in paragraph (b) may combine their applications for review by the Refugee Review Tribunal of the Minister’s decisions.

(2) Subregulation (1) applies to an application for review made on or after 1 August 1996.

Division 3 Other matters concerning review

31 Decision of review officer affirming decision

(1) In relation to a decision by a review officer affirming a primary decision made before 1 September 1994, Part 5 of the amended Act has effect as if, at the end of the definition of Part 5 reviewable decision in section 337 of that Act, there were added:

‘; or (j) a decision by a review officer affirming the decision under review, if the decision under review was made before 1 September 1994.’.

(2) A decision of a review officer affirming a primary decision made before 1 September 1994 is an IRT-reviewable decision.

32 Criterion regarding section 47 temporary entry permit

On and after 1 September 1994, if a review authority is reviewing a decision to refuse a visa for which the application was constituted by an application for an entry permit:

(a) if it was a criterion under the Migration (1993) Regulations for the grant of an entry permit of that class that the applicant hold a section 47 temporary entry permit; or

(b) if under the Migration (1989) Regulations, a criterion for the grant of the entry permit was to the same effect as a criterion referred to in paragraph (a);

that criterion does not apply:

(c) to that review; or

(d) if the application is remitted to a decision-maker for reconsideration — to the reconsideration.

Part 8 Statutory visitors under the old Act

33 Justice certificate issued under old Act

(1) In this regulation:

justice certificate means a certificate that was issued before 1 September 1994 under subsection 51 (1) of the old Act.

(2) A justice certificate issued before 1 September 1994 is taken to continue in effect on and after that date as a Commonwealth criminal justice entry certificate issued under section 145 of the amended Act.

(3) A non-citizen in relation to whom a Commonwealth criminal justice entry certificate is taken to be in force under subregulation (2) is taken to hold a criminal justice entry visa on and from 1 September 1994.

34 Statutory visitor visas

A statutory visitor (code number 992) visa under the Migration (1989) Regulations, or a Class 992 (statutory visitor) visa under the Migration (1993) Regulations, granted in respect of a non-citizen who, immediately before 1 September 1994, was outside Australia, is taken, after 1 September 1994, to continue in force as a criminal justice entry visa under subsection 155 (1) of the amended Act.

Part 9 Immigration clearance of certain non-citizens

35 Modification of section 172

Section 172 of the amended Act applies to a non-citizen who was in Australia on 1 September 1994 as if, at the end of subsection (1), there were added the following word and paragraphs:

‘; or (d) the person entered Australia lawfully before 1 September 1994 and has not left Australia; or

(e) the person:

(i) entered Australia unlawfully before 1 September 1994; and

(ii) was subsequently granted an entry permit under the old Act and the Regulations as in force before that date; and

(iii) has not left Australia after being granted that entry permit.’

Part 10 Miscellaneous

36 Non-citizens eligible to apply for Class 817 entry permits

(1) A non-citizen who:

(a) was in Australia on 1 September 1994; and

(b) immediately before that date held a domestic protection (temporary) (code number 784) or a refugee (restricted) or refugee B (restricted) (code number 781) entry permit under the Migration (1989) Regulations or Class 784 (domestic protection (temporary)) entry permit under the Migration (1993) Regulations; and

(c) had not applied for a Class 817 (protection (permanent)) entry permit under the Migration (1993) Regulations;

is taken to have applied on that date for a Protection (Class AZ) visa.

(2) A person who is taken, under subregulation (1), to have applied for a Class AZ visa is taken, on 1 September 1994, to have been granted a bridging visa Class A that has the same visa period and is subject to the same conditions as if it had been granted under the amended Act and the Migration Regulations.

37 Special provision for holders of transitional (temporary) visas replacing entry permits

(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.

38 Special provision for grant outside Australia of visas to former holders of temporary entry permits

(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.

39 References to conditions of visas by numbers

In the record of a visa, or in the evidence of the visa, a reference to a condition by an old number is taken to be a reference to the condition by the new number, in accordance with the following table:

Part 11 Repeal

40 Repeal of Migration (1993) Regulations and Migration (Review) (1993) Regulations

The Statutory Rules set out in the Schedule are repealed.

Schedule Repealed Statutory Rules

(regulation 40)

1 Statutory Rules:

1992 No. 367;

1993 Nos. 19, 29, 88, 169, 175, 218, 235, 253, 267, 283, 309, 310, 329, 363, 1994 Nos. 11, 38, 39, 87, 141 and 240.

2 Statutory Rules:

1993 Nos. 18, 53, 109, 176, 219 and 232;

1994 Nos. 10, 37 and 88.

Notes to the Migration Reform (Transitional Provisions) Regulations

Note 1

Note: The Migration Reform (Transitional Provisions) Regulations (in force under the Migration Act 1958 and the Migration Reform Act 1992) as shown in this compilation comprise Statutory Rules 1994 No. 261 amended as indicated in the Tables below.

Note: For all relevant information pertaining to application, saving or transitional provisions see Table A.

Note: Table of Statutory Rules

Note: (a) Schedule 2 of Statutory Rules 2000 No. 259 was disallowed by the Senate on 1 November 2000.

Note: Table of Amendments

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="2" style="width:341.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td><td style="border-bottom:0.75pt solid #000000; vertical-align:top"></td></tr><tr><td style="width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td colspan="2" style="width:233pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr></thead><tbody><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 3</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1994 No. 281</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 5A</span><span style="width:90.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1994 No. 377</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 6</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1994 No. 377</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 12</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1994 No. 377</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 17</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1995 No. 135</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 19A</span><span style="width:85.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1995 No. 266</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span></span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span>am. 1996 Nos. 11 and 214</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 21</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1994 Nos. 281 and 377; 1996 No. 214</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 22</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1994 No. 377; 1996 No. 214</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 23</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1996 No. 214</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 23A</span><span style="width:85.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1994 No. 281</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Part 5A </span><span style="width:80.88pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..............</span><br><span>(rr. 23B–23H)</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1995 No. 135</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Rr. 23B, 23C</span><span style="width:61.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...........</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1995 No. 135</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span></span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span>am. 2000 No. 259</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Rr. 23D, 23E</span><span style="width:61.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...........</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1995 No. 135</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 23F</span><span style="width:86.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1995 No. 135</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span></span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span>am. 2000 No. 259</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Rr. 23G, 23H</span><span style="width:60.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...........</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1995 No. 135</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 23I</span><span style="width:89.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1996 No. 11</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Div. 2A of Part 7 </span><span style="width:45.37pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">........</span><br><span>(rr. 30A–30D)</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1994 No. 281</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Rr. 30A–30D</span><span style="width:61.37pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...........</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1994 No. 281</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Div. 2B of Part 7</span><span style="width:47.87pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">........</span><br><span>(r. 30E)</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1996 No. 77</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>R. 30E</span><span style="width:85.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td colspan="2" style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1996 No. 77</span></p></td></tr><tr><td style="width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>R. 38</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td colspan="2" style="width:233pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 1995 No. 40</span></p></td></tr><tr style="height:0pt"><td style="width:121.9pt"></td><td style="width:230.8pt"></td><td style="width:13pt"></td></tr></tbody></table>

Note: Table A

Application, saving or transitional provisions

Statutory Rules 2000 No. 259

6 Transitional

(1) The amendments of the Migration Regulations 1994 made by items [4103], [4104], [4105], [4106], [4107], [4201], [4204], [4206], [4306], [4307], [4308] and [4309] of Schedule 4 do not apply in relation to an application that is made before 1 November 2000 for any of the following visas:

(a) Burmese in Burma (Special Assistance) (Class AB) visa;

(b) Burmese in Thailand (Special Assistance) (Class AC) visa;

(c) Citizens of the Former Yugoslavia (Special Assistance) (Class AI) visa;

(d) Sudanese (Special Assistance) (Class BD) visa;

(e) Sri Lankan (Special Assistance) (Class BG) visa;

(f) Ahmadi (Special Assistance) (Class BJ) visa.

(a) an application for a visa of a kind mentioned in subregulation (1) was made before 1 November 2000; and

(b) after the application is made, but before it is decided, the applicant makes a request to the Minister, in accordance with paragraphs 2.08A (1) (b) and (c), to have the applicant’s spouse, or a dependent child, added to the applicant’s application (whether or not the request is made before 1 November 2000);

the Migration Regulations 1994, as in force immediately before 1 November 2000, apply in relation to the application taken to have been made by the spouse or dependent child.

(3) The amendment of the Migration Regulations 1994 made by item [4108] of Schedule 4 applies in relation to:

(a) an application for a visa that was made on or after 1 November 2000; or

(b) an application for a visa that was made, but not finally determined, before 1 November 2000 and in relation to which the issue of whether a person has suffered domestic violence has not been raised.

(4) The amendments made by items [4113] and [4114] of Schedule 4 apply only in relation to a visa that is granted on or after 1 July 2000.

(5) The amendments made by items [4116], [4117], [4118], [4119], [4301], [4303], [4304] and [4305] of Schedule 4 apply to an application for a visa made on or after 1 November 2000.

(6) The amendments made by items [4310], [4311], [4312], [4317] and [4318] of Schedule 4 apply in relation to an application for a visa:

(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2000; or

(b) made on or after 1 November 2000.

(7) The amendments made by items [4327] and [4334] of Schedule 4 apply to an application for a Protection (Class XA) visa made on or after 1 November 2000.

(8) The amendments made by items [4332] and [4333] of Schedule 4 apply in relation to an application for a visa:

(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2000; or

(b) made on or after 1 November 2000.

(9) If a request for a refund of the amount paid by way of an instalment of visa application charge was made before 1 November 2000, but the refund was not paid before that date, regulations 2.12F, 2.12H, 2.12I and 2.12J of the Migration Regulations 1994, as in force immediately before 1 November 2000, continue to apply in relation to the request.