Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 147

147.1 Subject to subregulation 147.2, if a person applied, before 1 November
1996, for a Return (Residence) (Class BB) visa or a Resident Return
(Temporary) (Class TP) visa, and that application is not finally determined,
within the meaning of subsection 5 (9) of the Act, before that date, the
application is to be considered as if:
(a) the definition of "Australian permanent resident" in regulation 1.03 of
the Migration Regulations (as amended and in force on 1 November 1996) had
been in force at all relevant times; and

   (b)  subitems 1128 (4) and 1216 (4) of Schedule 1 to the Migration
        Regulations (as amended and in force on 1 November 1996) had been in
        force at all relevant times; and

   (c)  clauses 155.211, 155.212, 155.511, 157.211, 157.212, 157.213 and
        159.212 of Schedule 2 to the Migration Regulations (as amended and in
        force on 1 November 1996) had been in force at all relevant times; and

   (d)  Part 156 of Schedule 2 to the Migration Regulations in force
        immediately before 1 November 1996, had not been in force at all
        relevant times.

147.2 Despite subregulation 147.1, if:

   (a)  an applicant referred to in that subregulation would have met the
        requirements for the grant of a Return (Residence) (Class BB) visa of
        a particular subclass under the Migration Regulations in force
        immediately before 1 November 1996; and

   (b)  the Minister is satisfied that it would be more beneficial to the
        applicant if:

        (i)    the application were considered under the Migration Regulations
               in force immediately before 1 November 1996; and

        (ii)   a Return (Residence) (Class BB) visa of a particular subclass
               were granted to the applicant accordingly; the Migration
               Regulations have effect, in relation to that applicant, as if
               the amendments made by regulations 63, 72, 77, 98, 99 and 100
               of these Regulations had not been made.