Document ID: chunk:federal_register_of_legislation:C2004A02376:body:0:p6
Version: federal_register_of_legislation:C2004A02376
Segment Type: other
Provision Reference: 
Character Range: 12090–14736

made before 19 June 1980; and
     (c) the immigrant entered, or last entered, Australia after 31 December 1979 and—
         (i) in a case where the previous application had not been determined by 19 June 1980—was at the time of the making of the previous application the holder of a temporary entry permit; or
         (ii) in any other case—was on 19 June 1980 the holder of a temporary entry permit.

(3) For the purpose of this section, a request that an application for the grant to an immigrant of an entry permit (not being a temporary entry permit) that was made before 19 June 1980 but not determined before that date be considered under the Government's Regularization of Status Program shall be treated, for the purpose only of this section, as a further application for the grant, to him, of such an entry permit.

Entitlements of persons present in the Territory of Christmas Island, &c.
12. (1) Subject to sub-section (2), every person who was present in the Territory immediately before the commencing date shall be deemed, for the purposes of the Migration Act 1958, to have entered Australia as an immigrant on that date.

(2) Sub-section (1) does not apply to—
     (a) an Australian citizen;
     (b) a person who, if he had entered Australia immediately before the commencing date, would not have been an immigrant for the purposes of the Migration Act 1958; or
     (c) a member of the crew of an overseas vessel that was in port in the Territory immediately before the commencing date, including a member of the crew of such a vessel who was absent from the vessel immediately before the commencing date.

(3) An Australian citizen who was present in the Territory immediately before the commencing date (including an Australian citizen whose right to remain in the Territory was subject to the provisions of the Immigration Ordinance) shall not be taken to have become an immigrant for the purposes of the Migration Act 1958 by reason that, by virtue of the operation of sub-section 5a (2) of the Principal Act as amended by this Act, he is to be treated, for the purposes of the Migration Act 1958, as having become present in Australia on the commencing date.

(4) As soon as practicable after the commencing date—
     (a) there shall be granted, under section 6 of the Migration Act 1958, to each relevant resident who is deemed, by virtue of sub-section (1), to have entered Australia on the commencing date as an immigrant, an entry permit, not being a temporary entry permit, permitting him, from and including that date, to remain in Australia; and
     (b) there shall be granted, under section 6 of the Migration