Commonwealth of Australia

Migration Regulations 1994

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):

1. SPECIFY for the purposes of paragraph 500.213(3)(a) of Schedule 2 to the Regulations:

1. the requirement to use one or more of the English language test providers listed in Schedule 1 to this Instrument; and
2. 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
3. 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
4. the maximum time periods in which an English test must be taken:
   1. two years immediately before the date the application is made; or
   2. 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 :

1. an applicant who is a citizen of, and holds a valid passport issued by:
   1. the United Kingdom;
   2. the United States of America;
   3. Canada;
   4. New Zealand; or
   5. the Republic of Ireland; or
2. an applicant who is enrolled in a principal course of study  and that principal course of study is:
   1. registered to be delivered in a language other than English;
   2. a registered ELICOS course, as defined in regulation 1.03 of the Regulations;
   3. a registered school course; or
   4. a registered post-graduate research course; or
3. an applicants who is a:
   1. Foreign Affairs student;
   2. Defence Student; or
   3. secondary exchange students; or
4. in the two years before applying for a Subclass 500 (Student) visa,  an applicant has successfully completed:
   1. the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia in English; or
   2. 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
5. an applicant who has successfully completed a minimum of 5 years of study in English undertaken in one or more of the following countries:
   1. Australia;
   2. Canada;
   3. New Zealand;
   4. South Africa;
   5. the Republic of Ireland;
   6. the United Kingdom; and/or
   7. 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

SCHEDULE 2

SCHEDULE 3