Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127
F2012L02566 — as made — Status: Repealed — Made/registered 2012-12-20 — https://www.legislation.gov.au/F2012L02566/latest/text

This is the as-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source.

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under paragraphs 200.211(1A)(a) and 201.211(1A)(a) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’), having consulted as required under subclauses 200.211(1B) and 201.211(1B):
• REVOKE Instrument Number IMMI 09/027 signed on 8 May 2009, specifying classes of persons for paragraphs 200.211(1A)(a) and 201.211(1A)(a) of Schedule 2 to the Regulations; AND

2.                   SPECIFY all non-citizens who have been assessed to be at significant risk of harm as a result of their employment with:
(a)                the Department of Foreign Affairs and Trade (DFAT) in the Australian Embassy in Baghdad in Iraq since 1 May 2003; or
(b)               between 17 March 2003 and 15 May 2009:
(i)                          were employed in a private civilian capacity by the Australian Defence Force (ADF) in Iraq; or
(ii)                        were employed or worked collaboratively in a private civilian capacity with the Australian Defence Force in Iraq with the:
(i)           Overwatch Battle Group (West); or
(ii)        Australian Army Training Team
and who have:
(iii)                      ceased employment with, or who have ceased working collaboratively with, the Australian Defence Force; and
(iv)                      sought certification from the Minister of Defence on or before 15 May 2009; and
(v)                        who have applied for a class XB (Refugee and Humanitarian) visa on or before 31 December 2009; or who
(c)                any time after 15 May 2009 have been employed in a private civilian capacity in the Australian Defence Force in Iraq
as a class of persons for the purposes of subclauses 200.211(1A) and 201.211(1A).

3.                   SPECIFY that for the purpose of subclauses 200.211(1A) and 201.211(1A) a class of persons are all non-citizens employed with the Department of Foreign Affairs and Trade (DFAT), the Australian Defence Force (ADF), the Australian Agency for International Development (AusAID) or the Australian Federal Police (AFP):
(a)                who have been assessed as being at significant individual risk of harm as a result of their support to Australia’s whole of Government mission in Afghanistan due to their role, location, employment period and currency of employment; including:
(i)                 interpreters in Uruzgan Province in positions funded by DFAT; or
(ii)               interpreters or instructors employed with the ADF or AFP; or
(iii)            project, facilities management and advisory staff in the Provincial Reconstruction Team in Uruzgan on behalf of AusAID and/or DFAT; or
(iv)             a person who is able to satisfy the relevant agency Minister that exceptional circumstances exist for that Minister to certify that the non-citizen is in that class of persons; and
(b)               are not, or were not, an Afghan government or military official or employed in a private security capacity; and
(c)                are not nationals or citizens of another country other than Afghanistan; and
4. A class of persons under paragraph 3 must have sought to be certified by the relevant agency Minister under paragraph 200.211(1A)(b) or 201.211(1A)(b):
(i)                 within six months of ceasing employment; or
(ii)               in the case of a locally engaged employee who has ceased employment on or after 1 January 2012, before 30 June 2013; or
(iii)            where the relevant agency Minister is satisfied that exceptional circumstances exist – at any time.
This instrument, IMMI 12/127, commences on 1 January 2013. 
Dated 14 December 2012
CHRIS BOWEN
Minster for Immigration and Citizenship