Statutory Rules 1994 No. 1411

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Migration (1993) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 16 May 1994.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

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1. Commencement

1.1 Regulations 8, 9, 10, 11 and 13 are taken to have commenced on 1 March 1994.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2. Amendment

2.1 The Migration (1993) Regulations are amended as set out in these Regulations.

3. Regulation 1.3 (Interpretation)

3.1 Definition of “vocational proficiency in English”:

Omit the definition.

3.2 Insert the following definitions:

“‘ACCESS test’ means the Australian Assessment of Communicative English Skills test;

‘IELTS test’ means the International English Language Testing System test;

‘Occupational English Test’ means an Occupational English Test conducted by the National Languages and Literacy Institute of Australia;”.

4. Regulation 1.13 (Occupations Requiring English List)

4.1 Omit the regulation, substitute:

“1.13. The Minister may publish by Gazette Notice a list of occupations requiring proficiency in English of at least the standard required for the award of 15 points on the language skill factor of the general points test specified in Part 3 of Schedule 7.”.

5. Regulation 2.4 (Prescribed qualifications and prescribed number of points)

5.1 After subregulation 2.4 (3), insert:

“(3A) If:

(a) an applicant cannot provide the evidence that is required by an item in Part 3 of Schedule 7; and

(b) the Minister determines that it is not reasonably practicable for the applicant to sit for an ACCESS test or an IELTS test;

the Minister may determine that the applicant has a level of English proficiency equivalent to that mentioned in an item in that Part.”.

6. Regulation 7.8AA (Prescribed evidence—paragraph 4 (1A) (b) of the Act)

6.1 Paragraph 7.8AA (d):

Omit “conducted by the National Languages and Literacy Institute of Australia”.

6.2 Paragraph 7.8AA (e):

Omit “Australian Assessment of Communicative English Skills (ACCESS) test”, substitute “ACCESS test”.

6.3 Paragraph 7.8AA (f):

Omit “International English Language Testing System (IELTS) test”, substitute “IELTS test”.

7. Schedule 2, Chapter 1.1 (Migrant visas and entry permits)

7.1 Subclause 105.332B (1):

Omit “vocational proficiency in English”, substitute “proficiency in English of at least the standard required for the award of 15 points on the language skill factor of the general points test specified in Part 3 of Schedule 7”.

7.2 Subclause 105.332B (2):

7.3 Clause 126.331A:

8. Schedule 2, Chapter 2.1 (Temporary resident visas and entry permits)

8.1 Clauses 411.323, 411.724, 412.323, 412.724, 413.323, 413.724, 414.322, 414.724, 415.324, 415.724, 416.322, 416.724, 417.326, 417.725, 418.324, 418.724, 419.324, 419.724, 420.323, 420.724, 421.325, 421.724, 422.325, 422.724, 423.323, 423.724, 424.324, 424.724, 425.322, 425.724, 426.325, 426.722, 427.327, 427.724, 428.324, 428.724, 430.322, 430.724, 432.326, 432.724, 442.321, 442.724:

Omit the clauses.

9. Schedule 2, Chapter 2.2 (Student visas and entry permits)

9.1 Clause 560.321:

Omit the clause.

9.2 Clause 560.331:

Omit : “clauses 560.321 and”, substitute “clause”.

9.3 Clause 561.321:

Omit the clause.

9.4 Clause 561.331:

Omit “clauses 561.321 and”, substitute “clause”.

9.5 Clause 562.321:

Omit the clause.

9.6 Clause 562.331:

Omit “clauses 562.321 and”, substitute “clause”.

9.7 Clause 563.323:

Omit the clause.

9.8 Clause 563.723:

Omit the clause.

10. Schedule 2, Chapter 2.3 (Visitor visas and entry permits)

10.1 Clauses 680.332A, 682.332A, 683.332A, 684.332A and 685.332A:

Omit the clauses.

11. Schedule 2, Chapter 2.4 (Visitor (short stay) visas and entry permits)

11.1 Clauses 670.332A, 672.332A, 673.332A, 674.332A and 675.332A:

Omit the clauses.

12. Schedule 2, Chapter 2.5 (Extended eligibility visas and entry permits)

12.1 Subdivision 820.34:

Omit the subdivision, substitute:

“820.34 Conditions (visa—before entry)

820.341 Mandatory condition: 9233.

820.342 Discretionary conditions: Nil.”.

13. Schedule 3 (Provisions with respect to the grant of visas and entry permits included in certain groups to secondary persons)

13.1 Clauses 021.323, 022.323 and 022.723:

Omit the clauses.

14. Schedule 7 (General points test—qualifications and points)

14.1 Item 7202:

Omit “20”, substitute “25”.

14.2 Item 7203:

Omit “10”, substitute “15”.

14.3 Item 7204:

Omit the item, substitute:

“7204	The applicant is aged not less than 40 years and under 45 years at the time of application	10
7205	The applicant is aged not less than 45 years and under 50 years at the time of application	5”.

14.4 Items 7301, 7302, 7303 and 7304:

Omit the items, substitute:

“7301	The applicant provides evidence: (a) that he or she holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 3 years of full time study or training; and (b) that all instruction (including instruction received in other courses for which the applicant was allowed credit) for that award was conducted in English	20
7302	The applicant provides evidence of having passed the Occupational English Test: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	20
7303	The applicant provides evidence of having achieved an ACCESS test score of at least 5 on each of the 4 test components of listening, reading, writing and oral interaction in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	20
7304	The applicant provides evidence of having achieved an IELTS test score of at least 6.0 on each of the 4 test components of speaking, reading, writing and listening in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	20
7305	The applicant provides evidence: (a) that he or she holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full time study or training; and (b) that all instruction (including instruction received in other courses for which the applicant was allowed credit) for that award was conducted in English	15
7306	The applicant provides evidence of having achieved an ACCESS test score of at least 15 taking into account the 3 best of the applicant’s scores based on the 4 test components of listening, reading, writing and oral interaction in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	15
7307	The applicant provides evidence of having achieved an IELTS average band score of at least 6.0 on the 3 best of the applicant’s scores based on the 4 test components of speaking, reading, writing and listening in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	15
7308	The applicant provides evidence of having completed all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English	10
7309	The applicant provides evidence of having completed at least 5 years of secondary education at educational institutions in which all instruction was conducted in English	10
7310	The applicant provides evidence of having achieved an ACCESS test score of at least 15 with a minimum of 3 for each of the 4 test components of listening, reading, writing and oral interaction in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	10
7311	The applicant provides evidence of having achieved an IELTS average band score of at least 5.0 based on the 4 test components of speaking, reading, writing and listening in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	10
7312	The applicant provides evidence of having completed all years of primary education and at least 2 years of secondary education at educational institutions in which all instruction was conducted in English	5
7313	The applicant provides evidence of having completed at least 3 years of secondary education at educational institutions in which all instruction was conducted in English	5
7314	The applicant provides evidence of having achieved an ACCESS test score of at least 12 based on the 4 test components of listening, reading, writing and oral interaction in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	5
7315	The applicant provides evidence of having achieved an IELTS average band score of at least 4.0 based on the 4 test components of speaking, reading, writing and listening in a test conducted: (a) not more than 12 months before lodging the relevant application to migrate; or (b) at the time of the processing of the relevant application to migrate	5
7316	The applicant satisfies the ”Minister that the applicant is fluent in 2 languages other than English	5”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 May 1994.

2. Statutory Rules 1992 No. 367 as amended by 1993 Nos. 19, 29, 88, 169, 175, 218, 235, 253, 267, 283, 309, 310, 329, 363 and 371; 1994 Nos. 11, 38, 39 and 87.