EXPLANATORY STATEMENT
Migration Regulations 1994
ALTERNATIVE ENGLISH LANGUAGE PROFICIENCY TESTS TO THE INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM (IELTS)
(REGULATION 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 specify in a Gazette Notice 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 for this clause.
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. The Instrument also removes the requirement for English language testing in a limited number of instances where English language proficiency is now to be determined by the provider of intensive English language courses. This follows from recommendations contained in the Strategic Review of the Student Visa Program 2011 Report.
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. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact statement is not required (OBPR Reference 12851)
8. The Instrument, IMMI 11/070, commences on 5 November 2011, immediately after the commencement of Migration Amendment Regulations 2011 (No. 6).
Overview
The Explanatory Statement for Instrument F2011L02246, which amends the Migration Regulations 1994, details the introduction of alternative English language proficiency tests to the International English Language Testing System (IELTS). Enacted to address the need for flexibility in English language testing for visa applicants, the Instrument was introduced by the Minister under clause 5A102 of the Migration Regulations. The primary objective of this Instrument is to specify which English language proficiency tests can serve as alternatives to the IELTS, the countries where these tests can be taken, and the requisite scores for each test. This legislative change responds to the recommendations of the Strategic Review of the Student Visa Program 2011 Report and aims to streamline the visa application process. The specified tests include the Test of English as a Foreign Language (TOEFL) Paper-Based test, the TOEFL Internet-Based test (TOEFL iBT), the Cambridge English: Advanced (CAE) test, the Pearson Test of English Academic test, and the Occupational English Test. The Instrument also removes the requirement for English language testing in certain instances, where proficiency is now to be determined by the provider of intensive English language courses. The changes took effect on 5 November 2011, following the commencement of the Migration Amendment Regulations 2011 (No. 6).
Scope and Application
The Migration Regulations 1994, as amended by this Instrument, provide the framework for the regulation of alternative English language proficiency tests that may be used in place of the International English Language Testing System (IELTS) for applicants seeking migration to Australia. The specified tests include 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, the Pearson Test of English Academic test, and the Occupational English Test. The Instrument identifies the countries where these tests can be taken, with specific limitations on the TOEFL Paper-Based test being applicable only in certain countries as detailed in Schedule 1. The Instrument also delineates the minimum scores required by applicants for each of these tests to meet the English language proficiency requirements for migration purposes. Furthermore, the Instrument removes the necessity for English language testing in select instances where proficiency is now assessed by providers of intensive English language courses, aligning with the recommendations from the Strategic Review of the Student Visa Program 2011 Report. The regulations apply to all applicants for migration to Australia who are required to demonstrate English language proficiency.
Key Provisions
The Migration Regulations 1994 (Regulations) under clause 5A102 specify the alternative English language proficiency tests to the International English Language Testing System (IELTS) (Regulation 5A102). The explanatory statement outlines the English language proficiency tests that can be used as alternatives to IELTS, the countries in which these tests can be taken, and the scores required. The main alternative tests listed are the Test of English as a Foreign Language (TOEFL) Paper-Based test, the TOEFL Internet-Based test (TOEFL iBT), the Cambridge English: Advanced (CAE) test, the Pearson Test of English Academic test, and the Occupational English Test.
The Regulations impose specific requirements and obligations on applicants who need to demonstrate English language proficiency. These include the obligation to take one of the approved alternative tests if IELTS is not taken, and achieving the minimum score required for the chosen test. For instance, the TOEFL Paper-Based test can only be taken in certain foreign countries as specified in Schedule 1, whereas other tests can be taken in any foreign country. Furthermore, the Regulations allow for the removal of the English language testing requirement in some cases where English proficiency will be determined by the provider of intensive English language courses, in line with recommendations from the Strategic Review of the Student Visa Program 2011 Report.
The explanatory statement clarifies that no consultation was necessary for the making of these Regulations, as they are considered minor or of a machinery nature and do not substantially alter existing arrangements (section 18 of the Legislative Instruments Act 2003). Additionally, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 12851). These Regulations, specifically IMMI 11/070, commence on 5 November 2011, following the commencement of the Migration Amendment Regulations 2011 (No. 6). Failure to comply with the requirements set out in these Regulations may result in penalties, although the specific consequences are not detailed in the explanatory statement.