Federal Register of Legislation - Australian Government

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IMMI 12/018 Specifications as made
This instrument specifies tests, test scores and passports.
Administered by: Immigration and Border Protection
Made 12 Jun 2012
Registered 21 Jun 2012
Tabled HR 25 Jun 2012
Tabled Senate 25 Jun 2012
Date of repeal 23 Nov 2014
Repealed by Migration Regulations 1994 - Specification of Language Tests, Score and Passports - IMMI 14/076

 

EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

LANGUAGE TEST, SCORE AND PASSPORTS

(Regulations 1.15B, 1.15C, 1.15D, 1.15E and 1.15EA)

 

1.                  This Instrument is made under regulations 1.15B, 1.15C, 1.15D, 1.15E and 1.15EA of the Migration Regulations 1994 (‘the Regulations’).

2.                  This Instrument revokes Instrument number IMMI 11/036 signed on 16 June 2011. This change is necessary for the implementation of the SkillSelect online system.

3.                  The Instrument comprises two substantive paragraphs. Paragraph 2 provides for those applications lodged prior to 1 July 2012 and the Regulations in effect at that time that only applied to General Skilled Migration (GSM) visas. Paragraph 3 provides for applications lodged on or after 1 July 2012 and include GSM visas as well as new Employer Nominated Scheme and  Regional Sponsored Migration Scheme visas to commence on 1 July 2012 and for points test scores for a new Business Skills visa. There are no revisions to the English language tests, scores and passports for applications made prior to 1 July 2012 and addressed in paragraph 2 of the Instrument.

4.                  Subparagraph 1.15C(a) of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had competent English, if the person satisfied the Minister that they had undertaken a language test specified by the Minister in an instrument in writing; and that the test was conducted in the 2 years immediately before the day on which the application was made; and, that the person achieved a score specified in the instrument.

5.                  Subparagraph 1.15C(b) of the Regulations, prior to the commencement of Migration Amendment Regulation (No. 2) 2012 on 1 July 2012, provided that if a person applied for a  General Skilled Migration visa, that person had competent English if they satisfied the Minister that they held a passport of a type specified by the Minister in an instrument in writing.

6.                  Paragraph 1.15D of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had proficient English if the person satisfied the Minister that; the person had undertaken a language test specified by the Minister in an instrument in writing; and, the test was conducted in the 2 years immediately before the day on which the application was made; and, the person achieved a score specified in the instrument.

7.                  Paragraph 1.15E of the Regulations provides that if a person applies for a General Skilled Migration visa, the person has concessional competent English if the person satisfies the Minister that; the person has undertaken a language test specified by the Minister in an instrument in writing; and, the test was conducted in the 2 years immediately before the day on which the application was made; and, the person achieved a score specified in the instrument.

8.                  Paragraph 1.15EA of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had superior English if the person satisfied the Minister that; the person had undertaken a language test specified by the Minister in an instrument in writing; and, the test was conducted in the 2 years immediately before the day on which the application was made; and, the person achieved a score specified in the instrument.

 

9.                  Subparagraph 1.15B(1) of the Regulations provides that a person has vocational English if that the person undertook a language test, specified by the Minister in an instrument in writing; and the test was conducted in the 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.

 

10.              Subparagraph 1.15B(2) of the Regulations provides that a person has vocational English if that person holds a passport of a type specified by the Minister in an instrument in writing.

 

11.              Subparagraph 1.15C(1) of the Regulations provides that a person has competent English if the person undertook a language test, specified by the Minister in an instrument in writing; and the test was conducted in the 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.

 

12.              Subparagraph 1.15C(2) of the Regulations provides that a person has competent English if the person satisfied the Minister that the person holds a passport of a type specified by the Minister in an instrument in writing.

 

13.              Paragraph 1.15D of the Regulations provides that a person has proficient English if the person undertook a language test, specified by the Minister in an instrument in writing and the test was conducted in the 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.

 

14.              Paragraph 1.15EA of the Regulations provides that a person has superior English if the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and the test was conducted in the 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument. This applies only to applications lodged from 1 July 2012.

 

15.              The period of currency for English tests for vocational, competent, proficient and superior English has been increased in the Regulations from 2 to 3 years to provide greater flexibility for prospective migrants who are invited to apply for a visa after submitting an Expression of Interest through SkillSelect.

 

16.              The purpose of the Instrument is to include details of accepted English language tests and required scores within a Legislative Instrument rather than the Migration Regulations 1994.

 

17.              The instrument operates to define English proficiency and the test scores which may be used to prove this proficiency. 

18.                          Pursuant to section 18 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.

 

19.              Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

 

20.              The Office of Best Practice Regulation was consulted in relation to the new points test and has advised that a Regulatory Impact Statement is not required (OBPR Reference 13150).

 

21.                          The instrument commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).