Commonwealth of Australia
 
Migration Regulations 1994
 
Migration Act 1958
 
EVIDENCE OF FUNCTIONAL ENGLISH LANGUAGE PROFICIENCY
(Regulation 5.17)
 
I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under paragraph 5.17(a) of the Migration Regulations 1994 (‘the Regulations’):
1.            SPECIFY that, for the purposes of paragraph 5(2)(b) of the Migration Act 1958, (‘the Act’), (dealing with whether a person has functional English), the following is prescribed evidence of the English language proficiency of a person who has functional English:
(a)     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; or
(b)     the applicant provides evidence of having completed at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
(c)     the applicant provides evidence of having achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted:
·   not more than 12 months before lodging the relevant application to migrate; or
·   at the time of the processing of the relevant application to migrate; or
(d)    the applicant provides evidence that he or she has successfully completed, in Australia, at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English.
 
This Instrument number IMMI 12/073, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 3).
 
Dated            28 June            2012
Chris Bowen
Minister for Immigration and Citizenship
 
[NOTE 1:   Regulation 5.17(a) of the Regulations provides that, for the purposes of paragraph 5(2)(b) of the Act, (dealing with whether a person has functional English), that evidence specified by the Minister in an instrument in writing is prescribed evidence of the English proficiency of a person.
NOTE 2:    Paragraph 5(2)(b) of the Act provides that, for the purposes of the Act, a person has functional English at a particular time if the person provides the Minister with prescribed evidence of the persons English language proficiency.]