Migration Regulations 1994 Specification of Alternative English Language Proficiency Tests to the International English Language Testing System (IELTS) November 2003 (Cth)

Case

Commonwealth of Australia

Migration Act 1958

Migration Regulations 1994

SPECIFICATION OF ALTERNATIVE ENGLISH LANGUAGE PROFICIENCY TESTS TO THE INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM (IELTS) FOR THE PURPOSES OF CLAUSE 5A102 OF THE MIGRATION REGULATIONS 1994

I, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and clause 5A102 of the Migration Regulations 1994 ("the Regulations"), hereby:

  1. REVOKE the Gazette Notice made for the purposes of clause 5A102 signed on 20 December           2002;

  1. SPECIFY for the purposes of paragraph 5A102(a) that the following English language     proficiency tests are alternative to the International English Language Testing System (IELTS)                 test:

(a)     the Computer-Based TOEFL (Test of English as a Foreign Language) test;

(b)     the Paper-Based TOEFL (Test of English as a Foreign Language) test; and

(c)      the Occupational English Test.

  1. SPECIFY for the purposes of paragraph 5A102(b) that the foreign countries referred to in Schedule 1 are the foreign countries in which the Computer-Based TOEFL (Test of English as a Foreign Language) test, the Paper-Based TOEFL (Test of English as a Foreign Language), and the Occupational English Test, may respectively be taken by an applicant;

  1. SPECIFY for the purposes of paragraph 5A102(c) that the test scores referred to in Schedule 2 are the test scores that must be achieved by the applicant.

This notice comes into effect on 1 December 2003.

Dated 27 November 2003.

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

[NOTE (1): Regulation 1.17 of the Regulations provides the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

NOTE (2):        Clause 5A102 provides the Minister may specify in a Gazette Notice an English language proficiency test as an alternative to the IELTS test, the foreign country or countries in which that test may be taken by an applicant, and the test score that must be achieved by the applicant for this clause.]

SCHEDULE 1

[Specification for the purposes of paragraph 5A102(b) of the foreign country or countries in which a test may be taken by an applicant]

COMPUTER-BASED TOEFL (TEST OF ENGLISH AS A FOREIGN LANGUAGE) TEST

PAPER-BASED TOEFL (TEST OF ENGLISH AS A FOREIGN LANGUAGE) TEST

For the purpose of paragraph 5A102(b) the following foreign countries are foreign countries in which the Computer-Based TOEFL (Test of English as a Foreign Language) test and the Paper-Based TOEFL (Test of English as a Foreign Language) test may be taken by an applicant:

Belarus Moldova
Ecuador Solomon Islands
El Salvador Suriname
Guatemala Tajikistan
Honduras Tanzania
Kyrgyzstan Uganda
Mali Uzbekistan

THE OCCUPATIONAL ENGLISH TEST

For the purpose of paragraph 5A102(b) the Occupational English Test may be taken by an applicant in any foreign country.


SCHEDULE 2

[Specification for the purposes of paragraph 5A102(c) of the test score that must be achieved by an applicant for this clause]

COMPUTER-BASED TOEFL (TEST OF ENGLISH AS A FOREIGN LANGUAGE) TEST

Applicant Computer-based TOEFL Test Score

Applicant referred to in paragraph 5A204(d)

173

Applicant referred to in paragraph 5A404(e)

197; or if undertaking an ELICOS of no more than 20 weeks duration before commencing his or her principal course, then 173

Applicant referred to in paragraph 5A704(e)

197; or if undertaking an ELICOS of no more than 20 weeks duration before commencing his or her principal course, then 173

Applicant referred to in paragraph 5A407(e)

197; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 133

Applicant referred to in paragraph 5A707(e)

197; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 133

Applicant referred to in paragraph 5A504(1)(a)

213
Applicant referred to in paragraph 5A504(1)(aa) If enrolled in a foundation course of at least one year’s duration, then 197
Applicant referred to in paragraph 5A504(1)(b) If undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 173         

Applicant referred to in paragraph 5A507(1)(a)

213

Applicant referred to in paragraph 5A507(1)(aa) If enrolled in a foundation course of at least one year’s duration, then 197
Applicant referred to in paragraph 5A507(1)(b) if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 173

Applicant referred to in paragraph 5A604(2)(e)

213; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 173

Applicant referred to in paragraph 5A607(2)(e)

213; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 173

THE OCCUPATIONAL ENGLISH TEST

For the purpose of paragraph 5A102(c) an applicant for the Occupation English Test must achieve a “PASS” score.

PAPER-BASED TOEFL (TEST OF ENGLISH AS A FOREIGN LANGUAGE) TEST

Applicant Paper-based TOEFL Test Score

Applicant referred to in paragraph 5A204(d)

500

Applicant referred to in paragraph 5A404(e)

527; or if undertaking an ELICOS of no more than 20 weeks duration before commencing his or her principal course, then 500

Applicant referred to in paragraph 5A704(e)

527; or if undertaking an ELICOS of no more than 20 weeks duration before commencing his or her principal course, then 500

Applicant referred to in paragraph 5A407(e)

527; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 450

Applicant referred to in paragraph 5A707(e)

527; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 450

Applicant referred to in paragraph 5A504(1)(a)

550

Applicant referred to in paragraph 5A504(1)(aa)

If enrolled in a foundation course of at least one year’s duration, then 527

Applicant referred to in paragraph 5A504(1)(b)

if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 500

Applicant referred to in paragraph 5A507(1)(a)

550

Applicant referred to in paragraph 5A507(1)(aa)

If enrolled in a foundation course of at least one year’s duration, then 527

Applicant referred to in paragraph 5A507(1)(b)

if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 500

Applicant referred to in paragraph 5A604(2)(e)

550; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 500

Applicant referred to in paragraph 5A607(2)(e)

550; or if undertaking an ELICOS of no more than 30 weeks duration before commencing his or her principal course, then 500

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