Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p32
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 82782–85962

insert "or cancellation review applicant".

    (b) After "entrance application" (wherever occurring) insert "or cancellation review application".

104. Subsection 114H(4):

    (a) After "entrance applicant" insert "or cancellation review applicant".

    (b) After "entrance application" insert "or cancellation review application".

105. Section 114ZQ:

After "entrance applicant" (wherever occurring) insert "or cancellation review applicant".

106. Paragraph 166B(1)(c):

  Omit "not to approve an application for", substitute "to refuse to grant".

107. Subsection 166JC(4):

  Omit "custody under this Act", substitute "immigration detention".

108. Paragraph 166LA(2)(e):

  (a) Omit "115F", substitute "115G".

  (b) Omit "166BD", substitute "166BE".

SCHEDULE 1—continued

109. Subsection 166LH(2):

  Omit "an" (second occurring).

110. Subsection 171(3):

  (a) After "section" (second occurring) insert "54L,".

  (b) After "54W" insert ", 54Z".

111. Paragraph 180(1)(c):

  Omit "an application for", substitute "to grant".

112. Paragraph 180(2)(b):

Omit "non-citizen (other than an illegal entrant)", substitute "lawful non-citizen".

113. Section 180A:

  (a) Omit "or an entry permit" (wherever occurring).

  (b) Omit "valid visa" (wherever occurring), substitute "visa".

  (c) Omit "or a valid entry permit" (wherever occurring).

114. Subparagraph 180B(1)(a)(iii):

  Omit "an application for", substitute "to grant".

115. Section 182:

  (a) Omit ", or entry permits, in", substitute "of".

  (b) Omit ", or entry permit, in", substitute "of".

                         SCHEDULE 2 Section 84

AMENDMENTS OF THE MIGRATION REFORM ACT 1992

1. Section 33:

  Omit "116KC", substitute "116KB".

2. Section 39:

  Repeal the section, substitute:

Transitional—refugee applications

  "39. If:

  (a) an application for:

        (i) a determination by the Minister that a person is a refugee within the meaning of the Principal Act as in force immediately before 1 September 1994; or

        (ii) an entry permit (within the meaning of the Principal Act as in force immediately before that date), a criterion of which is that the Minister has made such a determination in relation to the person, or in relation to a member of the family unit of the person (within the meaning of the regulations);

    was made before that date; and

    (b) before that date, the application has not been finally determined (within the meaning of the Principal Act);

then, on and after that date, the provisions of the Principal Act (including provisions relating to review of decisions) apply as if the application was an application for a protection visa (within the meaning of the Principal Act as in force on that date).".

3. After subsection 40(1):

  Insert:

  "(1A) For the purposes of the definition of 'Principal Act class':

    (a) permits granted before 19 December 1989 are taken to be a class of permits provided for by regulations under the Principal Act; and

    (b) visas granted before 19 December 1989 are taken to be a class of visas provided for by regulations under the Principal Act.".

4. Subsection 40(5):

  Omit "force", substitute "effect".