The Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Amendment Certificate 2024 is a legislative instrument that extends the effective period of certain migration regulations. Issued under the Legislation Act 2003, this amendment delays the expiration of specific rules concerning the classification of persons for migration purposes. Originally scheduled to sunset, or automatically repeal, these regulations have been granted an additional 12-month extension, moving their new sunsetting day to April 1, 2025.
This extension is part of the Australian Government's broader sunsetting framework, designed to ensure legislative instruments are periodically reviewed and remain in force only as needed. The deferral aids in reducing the administrative workload associated with remaking instruments temporarily or when timely replacements are hindered by unforeseeable circumstances.
The Amendment Certificate specifically targets the Migration Regulations 1994, focusing on IMMI 12/127, which outlines criteria for Locally Engaged Employees (LEEs) from Iraq and Afghanistan. These LEEs, if at risk due to their employment with Australian agencies, are prioritised for Refugee and In-Country Special Humanitarian visas. The deferral follows recommendations from the Thom Report, which called for a review of the Afghan LEE program, ensuring these regulations remain active while comprehensive updates are made.
Before issuing the Amendment Certificate, the Attorney-General considered mandatory consultation requirements and regulatory impact analyses. This process confirmed the necessity of the deferral, acknowledging ongoing reviews and the administrative impracticality of remaking these instruments within their original sunsetting timeline.
The Amendment Certificate is thus a critical measure, ensuring continued protection and priority processing for vulnerable LEEs while the Australian Government finalises recommendations to enhance the migration advice industry and safeguard the integrity of the visa system.