Compilation of Migration Regulations 1994 dated 1 June 2023 incorporates the amendments made by Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023.
Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023 amends the Migration Regulations 1994 – Specification of a Class of Persons – IMMI 12/127 to:
- remove references to the level of risk of harm
- remove references to persons who are or were Afghan government or military officials or employed in a private security capacity as being excluded from applying for certification; and
- add a closing date for requests for certification of 30 November 2023.
Divisions 200.2 and 201.2 of Schedule 2 to the Migration Regulations sets out the primary criteria for the Refugee subclass 200 visa and the In-country Special Humanitarian Subclass 201 visa, respectively. If the Minister has specified, in an instrument in writing, one or more classes of persons for paragraphs 200.211(1A)(a) or 201.211(1A)(a), and a relevant Minister has certified that the applicant is in one of those classes and at risk of harm for a reason or reasons that relate to the applicant being in a class of persons, then the applicant will meet the requirements of subclauses 200.211(1A) and 201.211(1A).
IMMI 12/127 provides that citizens of Iraq or Afghanistan who were employed in-country as LEE with the Department of Foreign Affairs (DFAT), Australian Defence Force (ADF), or, in the case of Afghanistan, also the then Australian Agency for International Development (AusAID) or the Australian Federal Police (AFP), within a certain time period, and who are assessed to be at a significant risk of harm as a result of this employment, are specified as a class of persons for the purposes of subclauses 200.211(1A) and 201.211(1A) of Schedule 2 to the Migration Regulations.
To improve the design and delivery of the Afghan LEE Program, a whole-of-government review of the Afghan Locally Engaged Employee program was recommended by the Senate Inquiry on Australia’s Engagement in Afghanistan.
The final report of review was delivered on 20 March 2023 which led to the making of a new legislative instrument to amend IMMI 12/127 to set out criteria for eligibility for certification for Afghan locally engaged employees and remove the exclusion of those employed in a private security capacity and government and military officials, who were previously ineligible to be certified. After this removal, these classes of persons may be certified under the scheme, if they are found to be eligible Afghan LEEs at risk of harm due to their employment in support of Australia’s mission in Afghanistan. Those employed in a private security capacity and government and military officials will still need to demonstrate that they were employed with Australia to be eligible for certification under the program.
The compilation is registered on the Federal Register of Legislation on 13 June 2023 and commenced on 1 June 2023.
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