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

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

Table of amendments