Document ID: chunk:federal_register_of_legislation:F2016L01117:reg:11
Version: federal_register_of_legislation:F2016L01117
Segment Type: reg
Provision Reference: reg 11
Character Range: 11542–13423

11  Subclass 808 (Confirmatory (Residence)) visa taken to have been granted
 (1) A non‑citizen is taken to have been granted a Subclass 808 visa, of a kind described in subsection (4), under the Migration Act 1958 immediately after the final transition time if subsection (2) or (3) applies to the non‑citizen.

Non‑citizen resident of Norfolk Island without permanent visa
 (2) This subsection applies to a non‑citizen if, immediately before the final transition time, he or she:
 (a) was a resident of Norfolk Island under the Immigration Act 1980 (Norfolk Island); and
 (b) did not hold a permanent visa under the Migration Act 1958.
Note: Under the Immigration Act 1980 (Norfolk Island), a child who was, for medical reasons, born outside Norfolk Island to a parent who was a resident of Norfolk Island was also a resident of Norfolk Island.

Non‑citizen holder of Subclass 834 visa
 (3) This subsection applies to a non‑citizen if, immediately before the final transition time, he or she held a Subclass 834 (Permanent Resident of Norfolk Island) visa under the Migration Act 1958.

Kind of Subclass 808 visa taken under this section to have been granted
 (4) A Subclass 808 visa taken under this section to have been granted is taken to be a permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from immediately after the final transition time. This subsection has effect despite Division 808.5 of Schedule 2 to the Migration Regulations 1994 (about when a Subclass 808 visa is in effect).

Visa may be cancelled or otherwise cease to have effect
 (5) To avoid doubt, subsection (1) does not prevent a visa taken to have been granted under that subsection from being cancelled, or otherwise ceasing to be in effect, under the Migration Act 1958.

Part 3—Immigration status of persons in Norfolk Island at the final transition time