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

Administered by Department of Home Affairs

Legislation au F2006B00091 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

 

 

 

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;

 

2.             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.

 

3.      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;

 

4.      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

 

 

Overview

The Migration Act 1958, as amended by the Migration Regulations 1994, was enacted to regulate the movement of people to, from, and within Australia. It provides a framework for managing migration to ensure that it meets Australia's social, cultural, and economic needs. One of the gaps this Act aimed to address was the need to streamline the process for assessing English language proficiency of migrants. To address this, the Minister for Immigration and Multicultural and Indigenous Affairs issued a legislative instrument specifying alternative English language proficiency tests to the International English Language Testing System (IELTS) under clause 5A102 of the Migration Regulations 1994. This instrument, which came into effect on 1 December 2003, specifies that the Computer-Based TOEFL (Test of English as a Foreign Language) test, the Paper-Based TOEFL test, and the Occupational English Test are acceptable alternatives to the IELTS, along with the countries where these tests can be taken and the required scores for each. The policy objective of this legislative instrument is to provide flexibility in the assessment of English language proficiency for visa applicants, thereby facilitating the migration process.

Scope and Application

The Migration Regulations 1994, as specified by this legislative instrument, apply to individuals seeking to enter Australia by demonstrating their English language proficiency through tests other than the International English Language Testing System (IELTS). The regulation concerns itself with the specification of alternative English language tests and the respective test scores required to meet the English language requirements for migration purposes. This specification applies to applicants who intend to take the Computer-Based TOEFL, Paper-Based TOEFL, or the Occupational English Test, and it outlines the foreign countries in which these tests may be taken and the scores necessary to meet the specified clause. The geographic reach of this regulation is confined to the Commonwealth of Australia and does not explicitly exclude any persons, entities, industries, or conduct from its application. The regulation is enacted under the authority of the Migration Act 1958 and is implemented through subordinate legislation in the form of notices published in the Gazette.

Key Provisions

The legislative instrument, F2006B00091, made under the authority of the Minister for Immigration and Multicultural and Indigenous Affairs, revokes a previous Gazette Notice (effective from 20 December 2002) and specifies alternative English language proficiency tests to the International English Language Testing System (IELTS) as outlined in clause 5A102 of the Migration Regulations 1994. Specifically, the Computer-Based TOEFL (Test of English as a Foreign Language) test, the Paper-Based TOEFL test, and the Occupational English Test are designated as acceptable alternatives to the IELTS test (paragraph 5A102(a)). This notice also specifies the foreign countries in which these tests may be taken (paragraph 5A102(b)) and the requisite test scores (paragraph 5A102(c)) that applicants must achieve to meet the requirements of clause 5A102. Under this legislative instrument, the obligation falls on applicants for migration to Australia to satisfy the English language proficiency requirement by achieving the specified scores in one of the approved tests. This requirement varies based on the category of the applicant and whether they have undertaken an English Language Course for Overseas Students (ELICOS). For instance, applicants referred to in paragraph 5A204(d) need to achieve a score of 173 in the Computer-Based TOEFL test or 500 in the Paper-Based TOEFL test. Similarly, the Occupational English Test requires a "PASS" score. These obligations are clearly defined and must be met to proceed with their visa application. Failure to meet the specified English language proficiency requirements can have significant consequences. While the legislative instrument does not explicitly state offences or penalties for non-compliance, it is implied that not meeting the requirements could lead to the refusal of a visa application under the Migration Act 1958. The Migration Regulations 1994 provide for the refusal of a visa if an applicant does not meet the specified criteria, and this could result in the applicant being unable to enter or remain in Australia. There are no specified maximum penalties in this legislative instrument, but penalties for visa refusals under the Migration Act can include fines and, in some cases, imprisonment.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.