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Regulation 5.17 Migration Regulations – Prescribed evidence of English language proficiency

[5.17]      For the purposes of paragraph 5(2)(b) of the Act (dealing with whether a person has functional English), the evidence referred to in each of the following paragraphs is prescribed evidence of the English language proficiency of a person:

(a)      evidence specified by the Minister in an instrument in writing for this paragraph;

[(a) substituted by SLI 2012, 105 with effect from 01/07/2012 – LEGEND note]

[(b) omitted by SLI 2012, 105 with effect from 01/07/2012 – LEGEND note]

(c)      evidence that:

(i)      the person 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

(ii)      all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English;

[(d) omitted by SR 1995, 117 – LEGEND note]

(e)      evidence that the person has attained the functional level of the ACCESS test, being evidence in the form of a copy of results of a test:

(i)      completed not more than 12 months before the person applies for the grant of a visa in relation to which those results are relevant; or

(ii)      completed after the application is made;

and certified by the body that conducted the test as the results of the test of the person;

(f)      evidence that the person has been assessed as having functional English by the provider of a course that is an approved English course for the purposes of section 4 of the Immigration (Education) Act 1971​;

[(g) omitted by SR 1995, 117 – LEGEND note]

(h)      in the case of a person who is an applicant for a Business Skills – Established Business (Residence) (Class BH) visa — evidence that the person has a score of at least 20 points under Part 3 of Schedule 7, being a score awarded on the basis of an interview of the person for the purpose of ascertaining that score;

(j)      if:

(i)      the person is an applicant for a visa of a class that is not mentioned in paragraph (h); and

(ii)      evidence referred to in paragraph (a) cannot be provided by the person; and

(iii)      it is not reasonably practicable for the person to attend at a place where, or time when, he or she could be subjected to a test mentioned in paragraph (e) or (f);

evidence that the person has been determined by the Minister, on the basis of an interview with the person, to have functional English.

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