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

IMMI 18/003

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 1 Preliminary 3

1 Name 3

3 Authority 3

4 Definitions 3

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

6 Courses 4

7 Examinations 4

8 Minimum examination scores 5

9 Period for completion 5

Part 3 Savings and transitional 6

10 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

Table of amendments