Migration Regulations 1994 - Specification of English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016 - IMMI 16/019
F2016L00629 — as made — Status: Repealed — Made/registered 2016-05-03 — https://www.legislation.gov.au/F2016L00629/latest/text

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ENGLISH LANGUAGE TESTS AND EVIDENCE EXEMPTIONS FOR SUBCLASS 500 (STUDENT) VISAS 2016/019
(Subclause 500.213(3))
I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations):
• SPECIFY for the purposes of paragraph 500.213(3)(a) of Schedule 2 to the Regulations:

• the requirement to use one or more of the English language test providers listed in Schedule 1 to this Instrument; and
• the requirement to achieve the relevant English language test score listed in Schedule 2 to this Instrument in a test provided by the relevant English language test provider mentioned in item 1 of this Instrument; and
• countries, listed in Schedule 3 to this Instrument, where an applicant may take a Test of English as a Foreign Language (TOEFL) paper-based test; and
• the maximum time periods in which an English test must be taken:• two years immediately before the date the application is made; or
• two years immediately before a decision is made on the application.

2.             SPECIFY for the purposes of paragraph 500.213(3)(b) of Schedule 2 to the Regulations, classes of applicants to which subclause 500.213(1) of Schedule 2 to the Regulations does not apply, as stated in subclause 500.213(2) of Schedule 2 to the Regulations :
• an applicant who is a citizen of, and holds a valid passport issued by:• the United Kingdom;
• the United States of America;
• Canada;
• New Zealand; or
• the Republic of Ireland; or

• an applicant who is enrolled in a principal course of study  and that principal course of study is:• registered to be delivered in a language other than English;
• a registered ELICOS course, as defined in regulation 1.03 of the Regulations;
• a registered school course; or
• a registered post-graduate research course; or

• an applicants who is a:• Foreign Affairs student;
• Defence Student; or
• secondary exchange students; or

• in the two years before applying for a Subclass 500 (Student) visa,  an applicant has successfully completed:• the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia in English; or
• a substantial component of a course leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher that was conducted in Australia in English while the applicant was holding a Student visa; or

• an applicant who has successfully completed a minimum of 5 years of study in English undertaken in one or more of the following countries:• Australia;
• Canada;
• New Zealand;
• South Africa;
• the Republic of Ireland;
• the United Kingdom; and/or
• the United States of America.

This Instrument, English Language Tests and Exemptions for Student (Subclass 500)
Visas 2016/019, IMMI 16/019, commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016.
Dated: 29 April 2016
Peter Dutton
THE HON PETER DUTTON MP
Minister for Immigration and Border Protection

SCHEDULE 1
	English language test providers:

	1.
	International English Language Testing System (IELTS test)

	2.
	Test of English as a Foreign Language (TOEFL) Paper-Based test

	3.
	TOEFL internet-based test (also known as TOEFL iBT)

	4.
	Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English)

	5.
	Pearson Test of English Academic (PTE)

	6.
	Occupational English Test (OET)

SCHEDULE 2
English test:
	Minimum test score:

	1
	IELTS
	Overall band score 5.5; or
Overall band score 5 if packaged with at least 10 weeks’ ELICOS; or
Overall band score of 4.5 if packaged with at least 20 weeks’ ELICOS.

	2
	TOEFL
Paper-Based test
	527; or
500, if packaged with at least 10 weeks’ ELICOS; or
450, if packaged with at least 20 weeks’ ELICOS.

	3
	TOEFL iBT
	46; or
35, if packaged with at least 10 weeks’ ELICOS; or
32, if packaged with at least 20 weeks’ ELICOS.

	4
	CAE
	162; or
154, if packaged with at least 10 weeks’ ELICOS; or
147, if packaged with at least 20 weeks’ ELICOS.

	2
	PTE
	42; or
36, if packaged with at least 10 weeks’ ELICOS; or
30, if packaged with at least 20 weeks’ ELICOS.

	5
	OET
	‘PASS’ mark

SCHEDULE 3
	Countries in which an applicant may take a TOEFL paper-based test:

	Belarus
	Kyrgyzstan
	Tajikistan

	Ecuador
	Mali
	Tanzania

	El Salvador
	Moldova
	Uganda

	Guatemala
	Solomon Islands
	Uzbekistan

	Honduras
	Suriname