Commonwealth Numbered Regulations

1990 No. 34 MIGRATION REGULATIONS (AMENDMENT) - REG 18

18. Regulation 126 of the Migration Regulations is repealed and the following
regulation substituted: Extended eligibility (spouse) entry permit

"126. (1) The prescribed criteria in relation to an extended eligibility
(spouse) entry permit are that, at the time when the application is decided:

   (a)  the applicant is the spouse of an Australian citizen or Australian
        permanent resident and was the spouse of that citizen or resident at
        the time when the application was lodged; and

   (b)  the applicant's relationship with that spouse is a genuine and
        continuing one; and

   (c)  the applicant meets the prescribed health criteria specified in item 9
        in Schedule 1 and the public interest criteria; and

   (d)  the applicant is not an illegal entrant within the meaning of this
        regulation.

"(2) Subregulation (1) does not apply to an applicant:

   (a)  who is the holder of a transit entry permit; or

   (b)  who is the holder of a visitor entry permit granted on or after 1 June
        1990; or

   (c)  who is an illegal entrant to whom paragraph 42 (1C) (a), (b) or (c)
        applies.".