Prescribed evidence of English language proficiency (Act, s 5(2)(b))
5.17 Prescribed evidence of English language proficiency (Act, s 5(2)(b))
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:
evidence specified by the Minister in an instrument in writing for this paragraph;
evidence that:
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
all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English;
if evidence referred to in paragraph (a) cannot be provided by the person—evidence that the person has been determined by the Minister, on the basis of an interview with the person, to have functional English.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.