Federal Register of Legislation - Australian Government

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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
Registered 03 May 2016
Tabling HistoryDate
Tabled HR04-May-2016
Tabled Senate04-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Repealed by Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018

EXPLANATORY STATEMENT

Migration Regulations 1994

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

(Subclause 500.213(3))

1.             Instrument IMMI 16/019 is made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

2.             The purpose and operation of the Instrument is for the Minister to specify under paragraph 500.213(3)(a) of Schedule 2 to the Regulations, the requirements for the applicant of a Subclass 500 (Student) visa to give to the Minister evidence under 500.213(1) of Schedule 2 to the Regulations, that the applicant has a level of English language proficiency that meets the requirements specified in Item 1 of the Instrument and the relevant schedules to the Instrument, in relation to:

a.              English language test providers;

b.             English language test scores;

c.              countries in which an applicant may take a Test of English as a Foreign Language (TOEFL) paper-based test; and

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

Under subclause 500.213(2) of Schedule 2 to the Regulations, subclause 500.213(1) of Schedule 2 to the Regulations does not apply to an applicant within a class of applicants specified in the Instrument.  The Minister specifies classes of applicants of a Subclass 500 (Student) visa listed in Item 2 of the Instrument, that are not required to provide to the Minister evidence that the applicant has a level of English language proficiency that meets the requirements specified in Item 1 of the Instrument and the relevant schedules to the Instrument, as stated.

On 16 June 2015, the Australian Government released the Future Directions for Streamlined Visa Processing report and announced that it would implement the report’s eight recommendations; including a simplified student visa framework based on two of the key recommendations:

a.              reduce the number of student visa subclasses from eight to two; and

b.             implement a new combined country and provider immigration risk framework to guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.

Subclass 500 - Student and Subclass 590 – Student Guardian form part of the project to simplify the Australian Government’s student visa framework.

3.             Consultation was undertaken with key international education sector stakeholders as part of the project to simplify Australia's student visa framework before this instrument was made. Stakeholders consulted included: Commonwealth agencies (Department of Education and Training, Austrade, Department of Foreign Affairs and Trade, the Department of Defence, the Australian Skills Quality Authority, and the Tertiary Education Quality and Standards Agency), state and territory government agencies (including school regulators), as well as industry peak bodies (Australian Council for Private Education and Training, Australian Government Schools International, Council of Private Higher Education, English Australia, Independent Schools Council of Australia, International Education Association of Australia, TAFE Directors Australia, and Universities Australia).

4.             The Office of Best Practice Regulation (OBPR) has been consulted and a Regulatory Impact Statement has been completed, and is attached to this Explanatory Statement at Attachment A. (OBPR Reference 18083).

5.             Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

6.             The Instrument commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016.