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

Commonwealth of Australia

Migration Regulations 1994

CLASS OF PERSONS

(Paragraphs 200.211(1A)(a) and 201.211(1A)(a))

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):

1. 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

1. 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).

1. 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