Commonwealth Numbered Regulations

1990 No. 34 MIGRATION REGULATIONS (AMENDMENT) - REG 10

10. Regulation 42 of the Migration Regulations is amended:

   (a)  by inserting after subregulation (1) the following subregulations:

"(1A) The following criteria are prescribed in relation to entry permits oth
than entry permits in relation to which the criteria in subregulation (2) or
the criterion in subregulation (6) applies:

   (a)  where the applicant for the entry permit:

        (i)    has been an illegal entrant for less than 12 months; and

        (ii)   has been arrested under section 92 or 93 of the Act; that the
               applicant lodges the application for the entry permit not more
               than 2 working days after being first so arrested;

   (b)  where the applicant for the entry permit is an illegal entrant who has
        not been arrested under section 92 or 93 of the Act:

        (i)    that the applicant is a prescribed applicant; or

        (ii)   that the applicant has lodged the application for the entry
               permit not more than 12 months after becoming an illegal
               entrant.

"(1B) For the purposes of subregulation (1A), an application for an entry
permit does not include an application in relation to which paragraph 22 (b)
applies.

"(1C) For the purposes of subregulation (1A), an applicant is a prescribed
applicant:

   (a)  if the applicant entered Australia before 1 January 1975; or

   (b)  if the applicant entered Australia before 19 December 1989 when he or
        she was engaged to be married to an Australian citizen or an
        Australian permanent resident and subsequently married that citizen or
        resident; or

   (c)  if the applicant:

        (i)    entered Australia when he or she was:

                (A)  the holder of a conditional resident return visa granted
                     before 19 December 1989; or

                (B)  the holder of a return visa granted in accordance with
                     regulation 19; and

        (ii)   was an Australian permanent resident at any time within 5 years
               before being granted that visa; and

        (iii)  has not departed from Australia since that entry; and

        (iv)   has developed close personal ties with Australia; or

   (d)  if the applicant:

        (i)    entered Australia before 19 December 1989; and

        (ii)   would have been entitled to be the holder of a trainee (English
               language) entry permit or trainee (non-formal course) entry
               permit if the applicant had applied for, and had been granted,
               that entry permit after 19 December 1989 and had entered
               Australia after 19 December 1989; and

        (iii)  was before 30 April 1990 an applicant for a trainee (English
               language) entry permit or a trainee (non-formal course) entry
               permit.";

   (b)  by omitting subregulation (2) and substituting the following
        subregulation:

"(2) The following criteria are prescribed on application before entry for an
entry permit of a class specified in Part 1 in Schedule 3 by the holder of a
visa, namely, that at the time when the application is decided:

   (a)  the visa is a valid visa, other than an entry visa; and

   (b)  the entry permit applied for is of a class equivalent to that of the
        visa held by the applicant; and

   (c)  the Minister is satisfied that is would be consistent with the
        interests of Australia to grant the entry permit.".

   (c)  by omitting from subregulation (6) "visa granted before the
        commencement of section 4 of the
        Migration Legislation Amendment Act 1989, namely, the" and
        substituting:

"visa:

   (a)  granted before 19 December 1989; or

   (b)  applied for before 19 December 1989 and granted under the provisions
        of the Migration Act 1958 continued in force by subsection 6 (4) of
        the Migration Legislation Amendment Act 1989; namely, that the".