Commonwealth Numbered Regulations

1994 No. 261 MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 38

38. (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;

   (b)  entry permits included in Group 2.5 (extended eligibility) under the
        Migration (1993) 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.