Commonwealth Numbered Regulations

1994 No. 261 MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 37

37. (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.