Australian Immigration Daily News

This legislative instrument, referenced as LIN 25/016, is issued under various provisions of the Migration Regulations 1994. It replaces the earlier instrument IMMI 15/005 and commences on 7 August 2025. The instrument specifies the English language proficiency requirements for visa applicants across four categories: vocational, competent, proficient, and superior English.

The instrument:

• Specifies approved English language tests and required minimum scores for each proficiency level.

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The Migration (Evidence of Functional English Language Proficiency) Instrument 2025 (LIN 25/014) defines what qualifies as “functional English” for visa purposes under the Migration Act 1958 and Migration Regulations 1994.

It takes effect from 7 August 2025 and replaces the previous instrument (IMMI 15/004). Functional English can be proven through certain education history (such as completing specific years of schooling in English), recent English language test scores (from tests like IELTS, TOEFL iBT, PTE Academic, OET, MET, CELPIP General, or LANGUAGECERT Academic), or by holding a valid passport from the UK, USA, Canada, Ireland, or New Zealand.

Tests taken between 5 August 2024 and 6 August 2025 under the previous instrument may still be used. The instrument underwent consultation with relevant stakeholders, is exempt from disallowance, and does not require a Human Rights compatibility statement.

The Department of Home Affairs is remaking the legislative instrument that lists acceptable courses for qualification as a registered migration agent in Australia. The Department is seeking submissions for inclusion in this new legislative instrument from higher education providers offering courses for qualification as a registered migration agent. 

On 1 April 2026, Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 (IMMI 18/003) will sunset. The Department is remaking the instrument so it aligns with the contemporary knowledge requirements expected of the industry. 

The Department must assess all courses before they can be included in the new instrument. The Department must also reassess and approve courses listed in IMMI 18/003 before they can be included in the new instrument. 

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The Migration (Specification of Organisations) Instrument 2025 (LIN 25/015), issued under regulation 1.21 of the Migration Regulations 1994, formally repeals the previous instrument IMMI 13/023 and updates the specification of organisations authorised to make independent assessments of non-judicially determined claims of family violence.

This legislative update confirms that LSC Psychology remains the sole specified organisation for this purpose. The previous reference to the now-defunct Department of Human Services has been removed, reflecting the cessation of its agreement with the Department of Home Affairs. The instrument ensures that personnel employed by or contracted to LSC Psychology may continue to act as “independent experts” under the Migration Regulations, particularly for matters relating to family violence claims in Division 1.5.

This instrument commenced the day after registration on the Federal Register of Legislation and is exempt from disallowance under section 42 of the Legislation Act 2003. No public consultation was required, and no human rights statement was necessary, given its technical and clarifying nature.