EXPLANATORY STATEMENT
Migration Regulations 1994
ALTERNATIVE ENGLISH LANGUAGE PROFICIENCY TESTS TO THE INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM (IELTS)
(Clause 5A102)
- This Instrument is made under clause 5A102 of the Migration Regulations 1994 (‘the Regulations’).
2. Clause 5A102 of the Regulations provides that the Minister may, by legislative instrument, specify an English language proficiency test as an alternative to the International English Language Testing System (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.
3. The purpose of the Instrument is to specify which English language proficiency tests may be used as an alternative to the IELTS test, in which countries, and the scores that must be achieved by an applicant.
4. The English language proficiency tests that may be used as an alternative to the IELTS test are:
- the Test of English as a Foreign Language (TOEFL) Paper-Based test;
- the (TOEFL) Internet-Based test (also known as TOEFL iBT),
- the Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English),
- the Pearson Test of English Academic test; and
- the Occupational English Test .
5. The TOEFL Paper-Based test is available to be taken by an applicant only in a certain foreign country or countries specified in Schedule 1, while other tests may be taken in any foreign country or countries.
6. The Instrument operates to specify the minimum English language proficiency test scores for student visa applicants who undertake an alternative test to IELTS. The Instrument is updated to remove provisions for applicants subject to assessment level 4 or 5, which have become redundant. Assessment levels 4 and 5 have been removed from the Regulations as part of the simplification of the Student visa Assessment level Framework (recommendation 3 of the Review of the Student Visa Assessment Level Framework 2013).
7. Consultation was conducted with relevant external stakeholders from the international education sector and other Commonwealth government agencies as part of the broader consultation during the Review of the Student Visa Assessment Level Framework 2013. These include education peak bodies, State/Territory and Commonwealth Departments of Education, Austrade and an External Reference Group comprising members with expertise in international education and immigration risk.
8. The Office of Best Practice Regulation has been consulted and a Regulatory Impact statement is not required (OBPR Reference 16151).
9. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
10. The Instrument, IMMI 14/002, commences on 22 March 2014, immediately after the commencement of Migration Amendment (Redundant and Other Provisions) Regulation 2014.