English Tests

From 23 November 2014, IELTS is no longer the only way for proving english ability for migration purposes.

Migration Regulations 1994 – Specification of Evidence of Functional English Language Proficiency, specifies the following tests and scores for demonstrating functional English:engrish

  • An average score of at least 4.5 in an IELTS test.
  • A total band score of at least 32 in a TOEFL iBT test 
  • An overall band score of 30 in a Pearsons (PTE) test

The new arrangement only applies for the following visa programmes

Temporary GraduateSkilled
Former Resident
Work and Holiday

The Test of English as a Foreign Language internet based test (TOEFL iBT) and the Pearson Test of English Academic (PTE Academic) have been added to the IELTS and OET tests for these visa programmes. The Cambridge English (Advanced (CAE) test will be also accepted from 1 January 2015.

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Unauthorised children?

MIA News Issue 253 contained an article about UNICEF Australia’s opposition to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014.unauthorised

Along with other human rights organisations, UNICEF said the Bill attempted to remove Australia’s international obligations, reduce powers of the Australian courts and give extensive discretionary control to the Minister for Immigration and Border Protection, Scott Morrison.

Click here to read the full UNICEF media release, but the fundamental objection is “The Bill put forward by Immigration Minister Scott Morrison seeks to classify children born in Australia as ‘unauthorised maritime arrivals’ if one of their parents is labelled such, leaving those children subject to mandatory detention and transfer to Nauru,”. In other words, the legislation is in breach of international law.

I am truly dismayed that we continue to pick on children!

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Amendments to 4020

Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 makes some welcome changes (amongst other things) to PIC 4020. The following extract from the Explanatory Memorandum sums it up quite well:

PIC 4020 is a ‘one fails, all fail’ criterion, whereby all applicants for a visa would not be granted a visa if a bogus document, or false or misleading information is provided by any of the applicants, or where any of the applicants fail to satisfy the delegate of their identity.

 Amendments to PIC 4020bogus

These changes will ensure that minors are not unfairly affected by the    fraudulent actions of their parents or guardians by exempting them from the periods specified in  PIC 4020(2) and (2B). The policy is based on the department’s view that a minor should not be penalised for the fraudulent actions of a parent/s or guardian/s.

This amendment applies both to minors who are onshore and those who are offshore at the time of application for a visa. Australia’s human rights obligations are engaged only in relation to persons within its territory and/or jurisdiction. As such, the analysis of the human rights implications of this amendment is relevant only to the extent that it applies to persons who seek to apply for a visa whilst onshore (that is, in Australia at the time of visa application). PIC 4020 applies to all skilled migration, student, business skills, family and temporary visas, but not to Refugee and Humanitarian visas. In respect of people already onshore, Articles 3 and Articles 16(1) of the CRC may be relevant.

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