Federal Register of Legislation - Australian Government

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IMMI 12/127 Specifications as made
This instrument operates to specify a class of persons that are non-citizens and assessed to be at significant risk of harm as a result of their employment.
Administered by: Home Affairs
Registered 20 Dec 2012
Tabling HistoryDate
Tabled HR05-Feb-2013
Tabled Senate05-Feb-2013


 

 

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

 

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