SA Using IELTS Exams Taken in 2 Sittings as Evidence?

[Joeypas]

Hi,

I completed my Certificate in Migration Law and Practice last year. I am required by the registering authority MARA to submit an IELTS exam with a score of 7 with no band score of below 6.5.

I asked MARA, if I could use the result of my IELTS that I took in 2 sitting, meaning using the results of my 2 exams. 9/10/2016 exam got a score of Reading 7 Listening 6 Writing 7 speaking 7 and 11/11/2016 IELTS score Reading 7 Listening 8 Writing 6, Speaking 8.

In this regard, I wish to use my listening score of 8 from my second exam to satisfy the English requirements. I made a query with MARA and the response was I need to take the exam in a single sitting only.

Question:

The legal basis are the legislative and regulations outlined below, but when the law is silent and it does not mention either IELTS should be taken in a single or 2 sitting, what should be the interpretation? Can MARA say only results in a single sitting are acceptable or can this be contested and argued that results of IELTS exams in 2 sitting should also be allowed as evidence for English language proficiency.

I hope with your bright legal mind you can provide me with a comprehensive response.

Section 289A of the Migration Act 1958
Regulation 5 of the Migration Agents Regulations 1998
Legislative Instrument IMMI 12/097

 

[Lance]

Hi,

I'm not an expert but I would refer back to the wording "required by the registering authority MARA to submit an IELTS exam with a score of 7 with no band score of below 6.5."

MARA requires an IELTS exam not IELTS exams. I guess as with most higher level education I wouldn't expect you to be able to draw out your best results for submission. It's just my interpretation and that may be wrong but It sounds like the intent is a single IELTS exam with a score of 7 with no band score of below 6.5 for submission to MARA.

 

[Rod]

The decision can be appealed to the AAT.

 

[Tim W]

The decision can be appealed to the AAT.

You would need either or both of a merit argument or a point of law on which to appeal.,
Do you have either?
In any event, the Tribunal is only available after the Department's internal review processes are exhausted.

My view is that the original decision* is the correct one.
Going only by what you have said above, missing facts missing, and with all the unstated facts, ifs, buts, maybes, and exceptions
not allowed for, I find the Department's position, which reflects the authorities, to be quite clear,
and to be correct..

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* That is, that you can only use the outcomes of one test at a time in your application.