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

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 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 –