Federal Register of Legislation - Australian Government

Primary content

IMMI 16/019 Specifications as made
This instrument specifies the English language requirements that subclass 500 (student) applicants must meet, as well as specifying the applicants who are exempt from having to provide evidence.
Administered by: Home Affairs
Made 29 Apr 2016
Registered 03 May 2016
Tabled HR 04 May 2016
Tabled Senate 04 May 2016
Date of repeal 06 Jun 2018
Repealed by Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018


Commonwealth of Australia

Migration Regulations 1994

ENGLISH LANGUAGE TESTS AND EVIDENCE EXEMPTIONS FOR SUBCLASS 500 (STUDENT) VISAS 2016/019

(Subclause 500.213(3))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations):

1.             SPECIFY for the purposes of paragraph 500.213(3)(a) of Schedule 2 to the Regulations:

a.              the requirement to use one or more of the English language test providers listed in Schedule 1 to this Instrument; and

b.             the requirement to achieve the relevant English language test score listed in Schedule 2 to this Instrument in a test provided by the relevant English language test provider mentioned in item 1 of this Instrument; and

c.              countries, listed in Schedule 3 to this Instrument, where an applicant may take a Test of English as a Foreign Language (TOEFL) paper-based test; and

d.             the maximum time periods in which an English test must be taken:

                                       i.              two years immediately before the date the application is made; or

                                     ii.              two years immediately before a decision is made on the application.

2.             SPECIFY for the purposes of paragraph 500.213(3)(b) of Schedule 2 to the Regulations, classes of applicants to which subclause 500.213(1) of Schedule 2 to the Regulations does not apply, as stated in subclause 500.213(2) of Schedule 2 to the Regulations :

a.              an applicant who is a citizen of, and holds a valid passport issued by:

                                       i.              the United Kingdom;

                                     ii.              the United States of America;

                                   iii.              Canada;

                                   iv.              New Zealand; or

                                     v.              the Republic of Ireland; or

b.             an applicant who is enrolled in a principal course of study  and that principal course of study is:

                                       i.              registered to be delivered in a language other than English;

                                     ii.              a registered ELICOS course, as defined in regulation 1.03 of the Regulations;

                                   iii.              a registered school course; or

                                   iv.              a registered post-graduate research course; or

c.              an applicants who is a:

                                       i.              Foreign Affairs student;

                                     ii.              Defence Student; or

                                   iii.              secondary exchange students; or

d.             in the two years before applying for a Subclass 500 (Student) visa,  an applicant has successfully completed:

                                       i.              the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia in English; or

                                     ii.              a substantial component of a course leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher that was conducted in Australia in English while the applicant was holding a Student visa; or

e.              an applicant who has successfully completed a minimum of 5 years of study in English undertaken in one or more of the following countries:

                                       i.              Australia;

                                     ii.              Canada;

                                   iii.              New Zealand;

                                   iv.              South Africa;

                                     v.              the Republic of Ireland;

                                   vi.              the United Kingdom; and/or

                                 vii.              the United States of America.

This Instrument, English Language Tests and Exemptions for Student (Subclass 500)
Visas 2016/019, IMMI 16/019, commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016.

Dated: 29 April 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection


SCHEDULE 1

English language test providers:

1.

International English Language Testing System (IELTS test)

2.

Test of English as a Foreign Language (TOEFL) Paper-Based test

3.

TOEFL internet-based test (also known as TOEFL iBT)

4.

Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English)

5.

Pearson Test of English Academic (PTE)

6.

Occupational English Test (OET)

 


SCHEDULE 2

 

English test:

Minimum test score:

1

IELTS

Overall band score 5.5; or

Overall band score 5 if packaged with at least 10 weeks’ ELICOS; or

Overall band score of 4.5 if packaged with at least 20 weeks’ ELICOS.

2

TOEFL
Paper-Based test

527; or

500, if packaged with at least 10 weeks’ ELICOS; or

450, if packaged with at least 20 weeks’ ELICOS.

3

TOEFL iBT

46; or

35, if packaged with at least 10 weeks’ ELICOS; or

32, if packaged with at least 20 weeks’ ELICOS.

4

CAE

162; or

154, if packaged with at least 10 weeks’ ELICOS; or

147, if packaged with at least 20 weeks’ ELICOS.

2

PTE

42; or

36, if packaged with at least 10 weeks’ ELICOS; or

30, if packaged with at least 20 weeks’ ELICOS.

5

OET

‘PASS’ mark

 


SCHEDULE 3

Countries in which an applicant may take a TOEFL paper-based test:

Belarus

Kyrgyzstan

Tajikistan

Ecuador

Mali

Tanzania

El Salvador

Moldova

Uganda

Guatemala

Solomon Islands

Uzbekistan

Honduras

Suriname