# Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127

> F2023C00478 — as made — Status: Current — Made/registered 2023-06-01 — https://www.legislation.gov.au/F2023C00478/latest/text

> _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._

Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127
made under the Migration Regulations 1994
Compilation no. 1
Compilation date 1 June 2023
This compilation was prepared by the Department of Home Affairs on 1 June 2023 taking into account amendments up to Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023.
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):
 2. SPECIFY all non-citizens who have been assessed to be at 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:
(i)                 ceased employment with, or who have ceased working collaboratively with, the Australian Defence Force; and
(ii)               sought certification from the Minister of Defence on or before 15 May 2009; and
(iii)            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 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
(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— until 30 November 2023..
Notes
This compilation comprises Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127 amended as indicated in the following tables.
Table of instruments
	Name
	Registration
	Number
	Commencement
	Application, saving or transitional provisions

	Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127
	20 December 2012
	F2012L02566
	1 January 2013
	–

	Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023
	31 May 2023
	F2023L00656
	1 June 2023
	–

Table of amendments
	ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

	Provision affected
	How affected

	s.1..................
	rep. Legislation Act 2003, s. 48C [auto repeal of repeal provision]

	s 2..................
	am. F2023L00656

	s.3..................
	am. F2023L00656

	last sentence...........
	rep. Legislation Act 2003, s. 48D [auto repeal of commencement provision]
