Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 (Cth)

Case

IMMI 18/003

Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018

made under subregulation 5(4) of the Migration Agents Regulations 1998

Compilation no. 2

Compilation date 22 September 2021

This compilation was prepared by the Department of Home Affairs on 22 September 2021 taking into account amendments up to Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021.

Contents

Part 1Preliminary   3

  1. Name   3

  1. Authority   3

  1. Definitions   3

Part 2Courses and examinations for registration as a Migration Agent   4

  1. Courses   4

  1. Examinations   4

  1. Minimum examination scores   5

  1. Period for completion   5

Part 3Savings and transitional   6

  1. Application of Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021   6

Part 1            Preliminary

1          Name

(1)     This instrument is the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018.

(2)     This instrument may be cited as IMMI 18/003.

3          Authority

This instrument is made under subregulation 5(4) of the Regulations.

4          Definitions

In this instrument:

Act means Migration Act 1958.

IELTS Academic test means the International English Language Testing System Academic test.

Capstone Assessment means an examination with that name offered:

(a)   on or after 1 January 2021—by Legal Training Australia Pty Ltd (ABN 81151154639); or

(b)   before 1 January 2021—by The College of Law Limited (ABN 61138459015).

Regulations means Migration Agents Regulations 1998.

TOEFL iBT test means the Internet Based Test of English as a Foreign Language test.

Part 2            Courses and examinations for registration as a Migration Agent

6          Courses

(1)     For the purposes of subregulation 5(2) of the Regulations, each of the following courses is specified:

(a)   the Graduate Diploma in Australian Migration Law and Practice offered by Murdoch University;

(b)   the Graduate Diploma in Migration Law offered by Victoria University;

(c)   the Graduate Diploma of Australian Migration Law and Practice offered by Griffith University;

(d)   the Graduate Diploma in Australian Migration Law offered by Western Sydney University;

(e)   the Graduate Diploma in Migration Law and Practice offered by the University of Technology Sydney;

(f)    the Graduate Diploma in Australian Migration Law and Practice offered by the Australian Catholic University;

(g)   the Master of Australian Migration Law and Practice offered by Griffith University.

(2)     For the purposes of subregulation 5(2) of the Regulations, each of the following courses, if completed before 1 January 2018, is specified:

(a)   the Graduate Certificate in Australian Migration Law and Practice offered by the Australian National University;

(b)   the Graduate Certificate in Australian Migration Law and Practice offered by Griffith University;

(c)   the Graduate Certificate in Australian Migration Law and Practice offered by Murdoch University;

(d)   the Graduate Certificate in Australian Migration Law and Practice offered by Victoria University.

7          Examinations

(2)     For paragraph 5(3)(a) of the Regulations, the Capstone Assessment is specified as the prescribed examination for the following persons:

(a)   Persons who meet all of the following requirements:

(i)  the person has successfully completed secondary school studies to the equivalent of Australian Year 12 level, with a minimum of 4 years’ study at secondary school or equivalent;

(ii)  the person has successfully completed a Bachelor degree, or a higher degree, with a minimum of 3 years’ equivalent full-time study; and

(iii)  the person completed the secondary school studies and degree at one or more educational institutions in Australia, New Zealand, United Kingdom, Republic of Ireland, United States of America, Republic of South Africa or Canada;

(iv)  English was the primary language of instruction for the person’s secondary school studies and degree;

(v)  throughout the secondary school studies and degree, the person was resident in Australia, New Zealand, United Kingdom, Republic of Ireland, United States of America, Republic of South Africa or Canada.

(b)   Persons who meet all of the following requirements:

(i)  the person has successfully completed the equivalent of secondary school studies to Australian Year 10 or Australian Year 12 level;

(ii)  the person has at least 10 years of primary or secondary schooling at an institution in Australia, New Zealand, United Kingdom, Republic of Ireland, United States of America, Republic of South Africa or Canada;

(iii)  English was the primary language of instruction at the school that the person attended;

(iv)  throughout the schooling period the person was resident in Australia, New Zealand, United Kingdom, Republic of Ireland, United States of America, Republic of South Africa or Canada.

(3)     For paragraph 5(3)(a) of the Regulations, if a person is not in a class of persons mentioned in subsection (2), a prescribed examination is the combination of:

(a)   the Capstone Assessment; and

(b)   any of the following examinations in English language proficiency:

(i)  IELTS Academic test;

(ii)  TOEFL iBT test.

8          Minimum examination scores

(1)     For the purposes of paragraph 5(3)(b) of the Regulations, the minimum score specified is:

(a)   for the IELTS Academic test—an overall score of 7 with a minimum score in each subtest of:

(i)  6.5 in speaking;

(ii)  6.5 in listening;

(iii)  6.5 in reading; and

(iv)  6.5 in writing.

(b)   for the TOEFL iBT test—an overall score of 94 with a minimum score in each subtest of:

(i)  20 in speaking;

(ii)  20 in listening;

(iii)  19 in reading; and

(iv)  24 in writing.

9          Period for completion

(1)     For the purposes of paragraph 5(3)(c) of the Regulations, each of the following periods for the completion of an examination is specified:

(b)   for the Capstone Assessment—within the 12 month period before the person applies for registration;

(d)   for the IELTS Academic test—within the 2 year period before the person applies for registration;

(e)   for the TOEFL iBT test—within the 2 year period before the person applies for registration.

Part 3            Savings and transitional

10        Application of Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021

The amendments made to this instrument by Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021 (LIN 21/044) apply in relation to:

(a) an application for registration under section 288 of the Migration Act 1958 (the Act) before the commencement of LIN 21/044 in respect of which the Migration Agents Registration Authority had not, before the commencement of this LIN 21/044, registered the applicant under section 289 or refused to register the applicant under section 295; and

(b) an application for registration under section 288 of the Act after the commencement of LIN 21/044.

Notes

This compilation comprises Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 amended as indicated in the following tables.

Table of instruments

Name

Registration

Number

Commencement

Application, saving or transitional provisions
[Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 21 December 2017 F2017L01708 1 January 2018
Migration (Specified Courses and Exams for Registration as a Migration Agent) Amendment Instrument (LIN 21/005) 2021 17 March 2021 F2021L00241 22 March 2021 —
Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021 21 September 2021 F2021L01308 22 September 2021 section 10

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected
section 2...................... rep. Legislation Act 2003, s. 48D
section 3...................... am. LIN 21/005
section 4...................... am. LIN 21/044
section 5...................... rep. Legislation Act 2003, s. 48C
Part 2............................ am. LIN 21/044
section 6...................... am. LIN 21/005
section 7...................... am. LIN 21/005, LIN 21/044
section 8...................... am. LIN 21/005, LIN 21/044
section 9...................... am. LIN 21/005, LIN 21/044
section 10.................... ad. LIN 21/044
Schedule 1.................. rep. Legislation Act 2003, s. 48C
Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0