Download Report

IMMI 15/062
Commonwealth of Australia
Migration Regulations 1994
ENGLISH LANGUAGE TESTS, SCORES AND PASSPORTS 2015
(Clauses 476.213 and 485.212)
I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under
clauses 476.213 and 485.212 of the Migration Regulations 1994 (the Regulations):
1.
SPECIFY for subparagraphs 476.213(a)(i) and 485.212(a)(i) of the Regulations the
following language tests:
a.
b.
c.
d.
e.
2.
SPECIFY for subparagraphs 476.213(a)(ii) and 485.212(a)(ii) of the Regulations the
requirement that the following tests must be completed in a single test sitting:
a.
b.
c.
d.
3.
an International English Language Test System (IELTS) test;
a Test of English as a Foreign Language internet-based test (TOEFL iBT);
a Pearson Test of English Academic (PTE Academic);
a Cambridge English: Advanced (CAE) test; or
an Occupational English Test; and
an International English Language Test System (IELTS) test;
a Test of English as a Foreign Language internet-based test (TOEFL iBT);
a Pearson Test of English Academic (PTE Academic); or
a Cambridge English: Advanced (CAE) test.
SPECIFY for subparagraphs 476.213(a)(ii) and 485.212(a)(ii) of the Regulations the
following minimum required overall test score and the minimum required scores for
each of the test components:
English test
IELTS
OET
TOEFL iBT
PTE Academic
Cambridge
English:
Advanced (CAE)
(taken on or after
1 January 2015)
Minimum
overall
Score
6
B
50
169
Total
overall
score
64
-
Minimum scores for English test components
Listening
Reading
Speaking
Writing
5
B
4
36
154
5
B
4
36
154
Federal Register of Legislative Instruments F2015L00564
5
B
14
36
154
5
B
14
36
154
IMMI 15/062
4.
SPECIFY for subparagraphs 476.213(a)(ii) and 485.212(a)(ii) of the Regulations the
following English language tests must have been undertaken within the three years
before the day on which the application was made:
a.
b.
c.
d.
e.
an International English Language Test System (IELTS) test;
a Test of English as a Foreign Language internet-based test (TOEFL iBT);
a Pearson Test of English Academic (PTE Academic); or
a Cambridge English: Advanced (CAE) test; or
an Occupational English Test; and
5.
SPECIFY for subparagraphs 476.213(a)(ii) and 485.212(a)(ii) of the Regulations that the
Cambridge English: Advanced (CAE) test must have been undertaken on or after
1 January 2015; and
6.
SPECIFY for paragraphs 476.213(b) and 485.212(b) of the Regulations, a valid passport
issued by one of the following countries:
a.
b.
c.
d.
e.
the United Kingdom;
the United States of America;
Canada;
New Zealand; or
the Republic of Ireland.
This Instrument, IMMI 15/062 commences on 18 April 2015.
Dated 16 April 2015
Michaelia Cash
Assistant Minister for Immigration and Border Protection
Federal Register of Legislative Instruments F2015L00564
IMMI 15/062
EXPLANATORY STATEMENT
Migration Regulations 1994
ENGLISH LANGUAGE TESTS, SCORES AND PASSPORTS 2015
(Clauses 476.213 and 485.212)
1.
This Instrument is made under clauses 476.213 and 485.212 of the Migration Regulations
1994 (the Regulations).
2.
The purpose of the Instrument is to reflect the changes to the Regulations which introduce
an instrument making power to specify the current minimum English language test scores
that are required for primary visa applicants for the Temporary Graduate (subclass 485)
visa and the Skilled – Recognised Graduate (Subclass 476) visa.
3.
The Instrument operates to specify:

the English language requirements and the tests that are accepted by the
Department of Immigration and Border Protection, together with the minimum
scores required overall and for each of the test components, and specifying which
tests must be completed in a single sitting; and

that the English language test must have been undertaken within three years before
the day on which the application was made; and

that the Cambridge English: Advanced (CAE) test must have been undertaken on
or after 1 January 2015; and

the valid passports of citizens of specified countries that can be used as proof of
English language proficiency.
The applicant must demonstrate that they have achieved the required level of English
language proficiency by providing evidence, on lodgement of their visa application that
they have achieved a minimum score.
4.
Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not
necessary. The Instrument is of a minor or machinery nature and does not substantially
alter existing arrangements.
Explanatory Statement to F2015L00564
IMMI 15/062
5.
The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is
not required (OBPR Reference 17284).
6.
Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from
disallowance and therefore a Statement of Compatibility with Human Rights is not
required.
7.
The Instrument commences on 18 April 2015.
Explanatory Statement to F2015L00564