EXPLANATORY STATEMENT

Migration Regulations 1994

Migration Act 1958

 EVIDENCE OF FUNCTIONAL ENGLISH LANGUAGE PROFICIENCY

(Regulation 5.17)

1. This Instrument is made under regulation 5.17 of the Migration Regulations 1994 (the Regulations). It revokes Instrument IMMI 12/073 (F2012L01447) signed on 28 June 2012.
    
2. Paragraph 5.17(a) of the Regulations provides that, for the purposes of paragraph 5(2)(b) of the Migration Act 1958 (the Act), (dealing with whether a person has functional English), evidence of the English language proficiency of a person may be specified by the Minister in an instrument in writing.
    
3. Paragraph 5(2)(b) of the Act provides that a person has functional English at a particular time if the person provides the Minister with prescribed evidence of the person’s English language proficiency.
    
4. The purpose of the Instrument is to:

(a)                specify what qualifications or experience an applicant must have to meet the definition of functional English; and

(b)               include two additional tests, the Test of English as a Foreign Language internet-based test, (TOEFL iBT), and the Pearson Test of English Academic (PTE Academic); and,

(c)                specify that applicants who are citizens of and who hold a valid passport issued by the United Kingdom, the United States of America, Canada, or the Republic of Ireland has been determined to have functional English language proficiency.
 

5. The Instrument operates to specify the qualifications or experience necessary for the purposes of providing evidence of English language proficiency. This includes specifying educational experience and results obtained as a consequence of sitting specific English language tests including the International English Language Testing System (IELTS) Test, the Test of English as a Foreign Language internet-based test (TOEFL iBT), and the Pearson Test of English Academic (PTE Academic).

6. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements. Consultation was conducted with relevant internal and external stakeholders from the skilled migration officers group, the international education sector and other Commonwealth government agencies, in addition to consultations during the Review of the Implementation of Alternative English Language Proficiency Tests in the Student Visa Programme.

7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16643).
 

8. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
 

9. The Instrument, IMMI 14/055, commences on 23 November 2014.