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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.

Australian passports – Determination issue of travel documents and other matters

This Determination modernises and simplifies the provisions from the previous 2005 Determination by reordering and renumbering the provisions in the 2005 Determination to be consistent the Australian Passports Act. It also embeds the schedules of the 2005 Determination in the body of the new Determination for ease of reference. The provisions of the determination largely the same.

The Determination covers:

  • the issue of travel-related documents;
  • special circumstances for the issue of a passport to a child;
  • competent authorities for making a passport refusal/cancellation request for matters relating to law enforcement, international law enforcement or potential for harmful conduct;
  • offences for the purpose of making a passport refusal/cancellation request;
  • validity periods for different travel documents;
  • concurrent, diplomatic and official passports;
  • when travel documents are not valid;
  • disclosure of personal information for limited purposes;
  • exceptions for a name that may appear on a person’s travel document;
  • waivers and refunds of fees; and
  • delegations and reviewability of decisions.

The Determination provides for the following key amendments:

  • removing the ability to extend convention travel documents and certificates of identity and instead providing that they may be replaced overseas in exceptional circumstances;
  • refining and clarifying the special circumstances where a passport may be issued to a child without full parental consent or an Australian court order;
  • adding offences for the purpose of refusing or cancelling a passport on law enforcement and security grounds;
  • reducing passport validity for persons who have lost or had stolen two or more passports in a five year period;
  • issuing 16 and 17 year olds ten-year validity passports, instead of five-year validity passports; and
  • clarifying that the Department of Foreign Affairs and Trade (the Department) may validate any document provided as evidence of identity or citizenship.

The Determination also repeals Schedule 1 of the Australian Passports Determination 2005.