Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

MIGRATION AMENDMENT (SPECIAL PROTECTION SCHEME FOR AFGHAN COALITION EMPLOYEES) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration Amendment (Special
Protection Scheme for Afghan Coalition
Employees) Bill 2012
No. , 2012
(Senator Hanson-Young)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
i Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill
2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Migration Act 1958
3
Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill 2012
No. , 2012 1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment (Special
5
Protection Scheme for Afghan Coalition Employees) Act 2012.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
2 Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill
2012 No. , 2012
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill 2012
No. , 2012 3
Schedule 1--Amendments
1
2
Migration Act 1958
3
1 Subsection 5(1) (at the end of the definition of member of
4
the family unit)
5
Add "and, in relation to an applicant for a special protection visa who is
6
a non-citizen mentioned in paragraph 36A(2)(a) or (b), includes any
7
brothers and sisters of the applicant".
8
2 Subsections 31(2) and (3)
9
After "36,", insert "36A,".
10
3 After section 36
11
Insert:
12
36A Special protection visas
13
(1) There is a class of visas to be known as special protection visas.
14
Note:
See also Subdivision AL.
15
(2) A criterion for a special protection visa is that the applicant for the
16
visa is:
17
(a) a non-citizen who the Minister is satisfied is covered by the
18
definition of refugee in Article 1A of the Refugees
19
Convention as amended by the Refugees Protocol because
20
the non-citizen is subject to persecution in the non-citizen's
21
home country as a result of working as an interpreter or
22
translator for any of the following entities (a relevant entity)
23
in Afghanistan:
24
(i) the International Security Assistance Force;
25
(ii) the Australian embassy;
26
(iii) an organisation or body contracted by the
27
Commonwealth or an authority of the Commonwealth;
28
or
29
(b) a non-citizen who the Minister is satisfied is covered by the
30
definition of refugee in Article 1A of the Refugees
31
Schedule 1 Amendments
4 Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill
2012 No. , 2012
Convention as amended by the Refugees Protocol because
1
the non-citizen is subject to persecution in the non-citizen's
2
home country as a result of working (other than as an
3
interpreter or translator) for a relevant entity in Afghanistan;
4
or
5
(c) a non-citizen who is a member of the same family unit as a
6
non-citizen who:
7
(i) is mentioned in paragraph (a) or (b); and
8
(ii) holds a special protection visa.
9
(3) Paragraphs (2)(a) and (b) do not apply to a non-citizen who worked
10
for a relevant entity in Afghanistan for a period of less than 12
11
months.
12
(4) Paragraphs (2)(a) and (b) do not apply to a non-citizen who has not
13
taken all possible steps to avail himself or herself of a right to enter
14
and reside in, whether temporarily or permanently and however
15
that right arose or is expressed, any country apart from Australia,
16
including countries of which the non-citizen is a national (as
17
determined by reference to the law of those countries).
18
(5) However, subsection (4) does not apply in relation to a country in
19
respect of which:
20
(a) the non-citizen has a well-founded fear of being persecuted
21
for reasons of race, religion, nationality, membership of a
22
particular social group or political opinion; or
23
(b) the Minister has substantial grounds for believing that, as a
24
necessary and foreseeable consequence of the non-citizen
25
availing himself or herself of a right mentioned in
26
subsection (4), there would be a real risk that the non-citizen
27
will suffer significant harm in relation to the country.
28
(6) Subsection (4) does not apply in relation to a country if the
29
non-citizen has a well-founded fear that:
30
(a) the country will return the non-citizen to another country; and
31
(b) the non-citizen will be persecuted in that other country for
32
reasons of race, religion, nationality, membership of a
33
particular social group or political opinion.
34
(7) Also, subsection (4) does not apply in relation to a country if:
35
Amendments Schedule 1
Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill 2012
No. , 2012 5
(a) the non-citizen has a well-founded fear that the country will
1
return the non-citizen to another country; and
2
(b) the Minister has substantial grounds for believing that, as a
3
necessary and foreseeable consequence of the non-citizen
4
availing himself or herself of a right mentioned in
5
subsection (4), there would be a real risk that the non-citizen
6
will suffer significant harm in relation to the other country.
7
(8) In this section:
8
home country, in relation to a non-citizen, means:
9
(a) the country of which the non-citizen is a national (as
10
determined by reference to the law of that country); or
11
(b) if the non-citizen is not usually resident in that country, the
12
country in which the non-citizen is usually resident.
13
4 Subsection 39(1)
14
After "protection visas", insert "and special protection visas".
15
5 Paragraph 40(3A)(a)
16
After "protection visa", insert "or special protection visa".
17
6 Paragraph 41(2)(a)
18
After "protection visa,", insert "special protection visa,".
19
7 Paragraph 46(2AA)(a)
20
After "protection visa", insert "or special protection visa".
21
8 Section 65A (at the end of the heading)
22
Add "and special protection visas".
23
9 Subsections 65A(1) and (2)
24
After "protection visa" (wherever occurring), insert "or special
25
protection visa".
26
10 Paragraphs 72(2)(b), (c) and (d)
27
After "protection visa", insert "or special protection visa".
28
Schedule 1 Amendments
6 Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill
2012 No. , 2012
11 Subdivision AL of Division 3 of Part 2 (at the end of the
1
heading)
2
Add "and special protection visas".
3
12 Paragraphs 91X(1)(a) and (c)
4
After "protection visa", insert "or special protection visa".
5
13 Subsection 91X(3) (at the end of the definition of
6
application for a protection-related bridging visa)
7
Add "or special protection visa".
8
14 At the end of subsections 161(5) and (6)
9
Add "or special protection visa".
10
15 Subsections 164D(1) and (2)
11
After "protection visa", insert "or special protection visa".
12
16 Subsection 195(2)
13
Omit "or a protection visa", substitute ", a protection visa or a special
14
protection visa".
15
17 Subsection 198(2A) (note)
16
After "protection visa", insert ", a special protection visa".
17
18 Subparagraphs 336F(3)(a)(i) and (4)(a)(i)
18
After "protection visa", insert "or special protection visa".
19
19 Paragraph 336F(5)(b)
20
After "protection visa,", insert "or special protection visa,".
21
20 Part 7 (heading)
22
After "protection visa", insert "and special protection visa".
23
21 At the end of subsection 411(1)
24
Add:
25
; (e) a decision to refuse to grant a special protection visa;
26
(f) a decision to cancel a special protection visa.
27
Amendments Schedule 1
Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill 2012
No. , 2012 7
22 Section 414A (heading)
1
Omit "decision on protection visas", substitute "decisions".
2
23 After paragraph 500(1)(c)
3
Insert:
4
or (d) a decision to refuse to grant a special protection visa, or to
5
cancel a special protection visa, relying on one or more of the
6
following Articles of the Refugees Convention, namely
7
Article 1F, 32 or 33(2);
8
24 At the end of subsection 500(4)
9
Add:
10
; (d) a decision to refuse to grant a special protection visa, or to
11
cancel a special protection visa, relying on one or more of the
12
following Articles of the Refugees Convention, namely
13
Article 1F, 32 or 33(2).
14
25 Subsection 501(12) (note 1)
15
Omit "a protection visa", substitute "protections visas and special
16
protection visas".
17
26 After paragraph 501E(2)(a)
18
Insert:
19
(ab) a special protection visa; or
20
27 Paragraphs 501F(2)(b) and (3)(b)
21
Omit "neither a protection visa nor", substitute "not a protection visa, a
22
special protection visa or".
23
28 Section 501J (heading)
24
After "protection visa", insert "or special protection visa".
25
29 At the end of subsection 501J(2)
26
Add "or special protection visa".
27
30 Section 501K (heading)
28
After "protection visas", insert "and special protection visas".
29
Schedule 1 Amendments
8 Migration Amendment (Special Protection Scheme for Afghan Coalition Employees) Bill
2012 No. , 2012
31 Paragraphs 501K(1)(a) and (c)
1
After "protection visa", insert "or special protection visa".
2
32 Subsection 501K(3) (at the end of the definition of
3
application for a protection-related bridging visa)
4
Add "or special protection visa".
5
33 After subparagraph 502(1)(a)(iii)
6
Insert:
7
or (iv) to refuse to grant a special protection visa, or to cancel a
8
special protection visa, relying on one or more of the
9
following Articles of the Refugees Convention, namely,
10
Article 1F, 32 or 33(2);
11
34 After paragraph 503(1)(c)
12
Insert:
13
or (d) to refuse to grant a special protection visa, or to cancel a
14
special protection visa, relying on one or more of the
15
following Articles of the Refugees Convention, namely,
16
Article 1F, 32 or 33(2);
17

 

[Index] [Search] [Download] [Related Items] [Help]