Overview

The Migration Regulations 1994, amended by Instrument F2009L02575, was enacted to address the need for specific regulations regarding English language tests for general skilled migration. This legislative instrument was introduced to ensure that the English language proficiency of applicants for skilled migration visas meets the necessary standards, as outlined in the regulations. The instrument was created under the authority of the Minister for Immigration and Citizenship, as specified in regulations 1.15C, 1.15D, and Schedule 2, clause 487.215 of the Migration Regulations 1994. The policy objective of this instrument is to clarify and specify the English language test scores required for skilled migration applicants, ensuring that they meet the standards of "competent English" or "proficient English" as determined by the International English Language Testing System (IELTS) or equivalent Occupational English Language tests.

Scope and Application

The Migration Regulations 1994, as amended by the legislative instrument F2009L02575, apply to applicants for the subclass 487 general skilled migration visa, specifically targeting their English language proficiency requirements. This Act mandates that applicants must achieve a score in an Occupational English Language test that is equivalent to the specified International English Language Testing System score, deemed necessary for either "competent English" or "proficient English". The regulation provides flexibility for applicants who have yet to sit the required language tests by allowing them to submit evidence of their intention to undertake one of the specified tests before their visa application is lodged. Additionally, the Act specifies the type of passport that must be held by the applicant, ensuring it is valid and issued by the relevant country to a citizen of that country. This Act applies across Australia, reflecting the national scope of the Migration Act 1958, under which these regulations are made. The application of these provisions is further extended or restricted through subordinate instruments, which can specify particular scores, language tests, or passport types, thereby providing the necessary flexibility and precision in implementing the requirements of the Act.

Key Provisions

The Migration Regulations 1994 (the Regulations) include provisions concerning the English language tests required for general skilled migration, specifically under regulations 1.15C and 1.15D and clauses 485.215 and 487.215 of Schedule 2 (paragraph 2). These provisions enable the Minister to specify, through an Instrument in writing, the necessary scores for language tests and the type of passport required for applicants (paragraphs 2 and 7). This particular Instrument, IMMI 09/073, was made to detail the equivalence between Occupational English Language test scores and International English Language Testing System scores for "competent English" or "proficient English" (paragraph 5). Applicants for a subclass 487 visa can present evidence of scheduled tests as specified in the Instrument if they have not already undertaken these tests before submitting their application (paragraph 6). The Instrument further specifies that the passport must be valid and issued by the relevant country to a citizen of that country (paragraph 7). The obligations imposed by the Regulations and the Instrument include the requirement for applicants to achieve specified scores in recognised English language tests to demonstrate their English language proficiency (regulation 1.15C). Additionally, applicants must hold a valid passport issued by the relevant country to a citizen of that country (regulation 1.15C(b)). For subclass 487 visa applicants, it is mandatory to have made arrangements to sit one of the specified language tests or provide evidence of such arrangements if the tests have not already been taken (paragraph 487.215(e)). These requirements are crucial for the assessment of the applicant's eligibility based on their English language competency. Any failure to comply with the specified English language test requirements or passport stipulations may result in the rejection of an applicant's visa application. While the specific penalties for breaches are not detailed within the text, breaches of the Migration Regulations 1994 can generally lead to various consequences, including the denial of a visa, potential exclusion from Australia, or other administrative actions as deemed appropriate by the Minister. These outcomes underscore the importance of adhering to the stipulated requirements and providing accurate and comprehensive documentation to support visa applications.