Michan-Ranieri and Migration Agents Registration Authority

The Administrative Appeals Tribunal considered an application for registration as a migration agent by Ms. Michan-Ranieri. The dispute centred on whether the applicant had satisfied the English language proficiency requirements stipulated by the *Migration Act 1958* (Cth) and its associated regulations. The applicant had submitted results from multiple IELTS tests taken on different dates, arguing that these collectively met the required minimum scores for each component and the overall test.

The Tribunal was required to determine the meaning of "passed a prescribed exam" in the context of English language proficiency for migration agent registration. Specifically, it needed to ascertain whether the legislative framework permitted an applicant to aggregate scores from different sittings of an English language test, such as the IELTS Academic test, to demonstrate the required proficiency, or if the minimum scores had to be achieved in a single test. The applicant contended that the legislation did not explicitly mandate a single test and that her aggregated scores should suffice.

The Tribunal reasoned that while the *Migration Agents Regulations 1998* (Cth) and the relevant legislative instrument (IMMI 18/03) did not explicitly state that all required scores must be achieved in one sitting, the interpretation of "an exam in English language proficiency" in Regulation 5(3)(b) and the subsequent provision in Regulation 5(4) implied a singular achievement. Regulation 5(4) states an applicant is taken to have passed if they achieve the minimum score specified in an instrument. The Tribunal found that the applicant's argument for flexibility based on the nature of the IELTS test and potential profiteering was not supported by the legislative text. The Tribunal affirmed the decision under review, finding that the applicant had not met the prescribed English language proficiency requirements.