{"id":"F2026L00245","name":"Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026","slug":"migration-specified-courses-and-exams-for-registration-as-a-migration-agent-instrument-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443189,"registerId":"F2026L00245-fast-fetch-1775958097411","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 26/002\n\n \n\nMigration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026\n\nI, Julian Hill, Assistant Minister for Citizenship, Customs and Multicultural Affairs, make the following instrument.\n\nDated 11 March 2026\n\nJulian Hill\n\nAssistant Minister for Citizenship, Customs and Multicultural Affairs\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nPart 2—Specified prescribed courses and examinations for registration as a Migration Agent\n\n6  Specified prescribed courses\n\n7  Specified prescribed examinations\n\n8  Specified minimum score to be achieved in a prescribed examination\n\n9  Specified periods for completion of a prescribed examination\n\nPart 3—Application and transitional provisions\n\n10  Application of this instrument\n\n11  Specified evidence for registration applications—prescribed course undertaken before the commencement of this instrument\n\n12  Specified evidence for registration applications—specified minimum score to be achieved in the TOEFL iBT\n\nSchedule 1—Specified minimum examination scores\n\nSchedule 2—Specified countries\n\nSchedule 3—Repeals\n\nMigration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018\n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026.\n\n2  Commencement\n\n  This instrument commences on 1 April 2026.\n\n3  Authority\n\n  This instrument is made under subsection 30(4) of the Migration Agents Regulations 2026 and under the Migration Agents Regulations 1998.\n\nNote:  The repeal of the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018, specified in Schdule 3, is done under the Migration Agents Regulations 1998, as an instrument made under Those Regulations.\n\n4  Definitions\n\nAct means the Migration Act 1958.\n\napplicant means a person who has made an application to be registered as a migration agent under subsection 288(1) of the Act.\n\nAuthority means the Migration Agents Registration Authority.\n\nCapstone Assessment means the ‘Migration Agents Capstone Assessment’ offered by Legal Training Australia Pty Ltd (ABN 81151154639).\n\nC1 Advanced means the Cambridge Advanced Test.\n\nIELTS Academic test means the International English Language Testing System Academic test.\n\nLanguageCert Academic means the LanguageCert Academic Test.\n\nMET means the Michigan English Test.\n\nPTE Academic means the Pearson Test of English Academic.\n\nregistration application means an application to be registered as a migration agent.\n\nRegulations means the Migration Agents Regulations 2026.\n\nTOEFL iBT  means the Test of English as a Foreign Language internet-Based Test.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.  \n\n\nPart 2—Specified prescribed courses and examinations for registration as a Migration Agent\n\n6  Specified prescribed courses\n\n (1) For the purposes of subsection 30(2) of the Regulations, each of the following courses is specified as a prescribed course:\n\n (a) the Graduate Diploma in Australian Migration Law and Practice offered by Murdoch University;\n\n (b) the Graduate Diploma in Migration Law offered by Victoria University;\n\n (c) the Graduate Diploma of Australian Migration Law and Practice offered by Griffith University;\n\n (d) the Graduate Diploma in Australian Migration Law offered by Western Sydney University;\n\n (e) the Graduate Diploma in Migration Law and Practice offered by the University of Technology Sydney;\n\n (f) the Graduate Diploma in Australian Migration Law and Practice offered by the Australian Catholic University;\n\n (g) the Master of Australian Migration Law and Practice offered by the Australian Catholic University.\n\n (2) For the purposes of subsection 30(2) of the Regulations, each of the following courses, if completed before 1 January 2018, is specified:\n\n (a) the Graduate Certificate in Australian Migration Law and Practice offered by the Australian National University;\n\n (b) the Graduate Certificate in Australian Migration Law and Practice offered by Griffith University;\n\n (c) the Graduate Certificate in Australian Migration Law and Practice offered by Murdoch University;\n\n (d) the Graduate Certificate in Australian Migration Law and Practice offered by Victoria University.\n\n7  Specified prescribed examinations\n\n (1) For the purposes of paragraph 30(3)(a) of the Regulations, the Capstone Assessment is specified as the prescribed examination for:\n\n (a) a person who meets all of the following requirements:\n\n (i) the person has successfully completed secondary school studies to the equivalent of the Australian Year 12 level, with a minimum of 4 years’ study at a secondary school or equivalent;\n\n (ii) the person has successfully completed a Bachelor degree, or a higher degree with a minimum of 3 years’ equivalent full-time study;\n\n (iii) for the education mentioned in subparagraphs (1)(a)(i) and (1)(a)(ii)—that education was:\n\n1.     completed at an education institution in one or more of the countries specified in an item of the table in Schedule 2 while the person was living in that country; and\n\n\n (B) conducted in English as the primary language of instruction; or\n\n (b) a person who meets all of the following requirements:\n\n (i) the person has successfully completed the equivalent of secondary school studies to the Australian Year 10 or Australian Year 12 level;\n\n (ii) the person has successfully completed at least 10 years of primary and secondary schooling at an education institution in one of the countries specified in an item of the table in Schedule 2 while the person was living in that country;\n\n (iii) the person provides evidence that the education mentioned in subparagraphs (1)(b)(i) and (1)(b)(ii) was conducted in English as the primary language of instruction.\n\n (2) For the purposes of paragraph 30(3)(a) of the Regulations, if a person is not in a class of persons mentioned in paragraph (1)(a) or (b), the prescribed examination is specified to be a combination of the following:\n\n (a) the Capstone Assessment; and\n\n (b) any of the following examinations in English language proficiency:\n\n (i) IELTS Academic test;\n\n (ii) TOEFL iBT;\n\n (iii) C1 Advanced;\n\n (iv) LanguageCert Academic;\n\n (v) MET;\n\n (vi) PTE Academic.\n\n8  Specified minimum score to be achieved in a prescribed examination\n\n (1) For the purposes of paragraph 30(3)(b) of the Regulations, the minimum score to be achieved by a person covered by subsection 7(2) for a prescribed examination specified in paragraph 7(2)(b) is specified in the column of the table in Schedule 1 that mentions the examination (in the heading of that column).\n\n (2) The specified required minimum score must be achieved in a single sitting, unless the specified language test is an IELTS Academic test or a MET.\n\n9  Specified periods for completion of a prescribed examination\n\n  For the purposes of paragraph 30(3)(c) of the Regulations, the following periods for the completion of a prescribed examination specified in section 7 are specified:\n\n (a) for the Capstone Assessment—within a 12-month period from the day the person achieves the required score;\n\n (b) for the prescribed examinations mentioned in paragraph 7(2)(b)—within the 3-year period that ends immediately before the day on which a person covered by subsection 7(2) makes an application for registration.\n\nPart 3—Application and transitional provisions\n\n10  Application of this instrument\n\n  This instrument applies in relation to a registration application made on or after the commencement of this instrument.\n\n11  Specified evidence for registration applications—prescribed course undertaken before the commencement of this instrument\n\n  For the purposes of subsection 30(2) of the Regulations, the Master of Australian Migration Law and Practice offered by Griffith University is specified as a prescribed course where a person:\n\n (a) makes a registration application; and\n\n (b) provides evidence as part of the application that the course:\n\n (i) commenced before the commencement of this instrument; and\n\n (ii) was completed:\n\n (A) before the commencement of this instrument; or\n\n (B) in the period that ends 12 months from the day on which this instrument commences.\n\n12  Specified evidence for registration applications—specified minimum score to be achieved in the TOEFL iBT\n\n  For the purposes of paragraph 30(3)(b) of the Regulations, the TOEFL iBT is specified as a prescribed examination where an applicant:\n\n (a) makes a registration application:\n\n (i) before the commencement of this instrument and the Authority has not made a decision in relation to that application at the time the instrument commences; or\n\n (ii) on or after the commencement of this instrument; and\n\n (b) provides evidence that the applicant:\n\n (i) attempted the TOEFL iBT either:\n\n (A) before the commencement of this instrument; or\n\n (B) in the period that ends 3 months from the day on which this instrument commences; and\n\n (ii) achieved the minimum score that is specified in the following table for the test, within the period of 2 years immediately before the applicant makes the registration application.\n\n\n\n\n- Item Column 1\n- TOEFL iBT\n- 1 20 (listening)\n- 19 (reading)\n- 24 (writing)\n- 20 (speaking)\n- Overall Score 94\n\n\n\n\n\nSchedule 1—Specified minimum examination scores\n\n \n\n- Item Column 1 Column 2 Column 3 Column 4 Column 5 Column 6\n- C1 Advanced IELTS Academic LANGUAGECERT Academic MET PTE Academic TOEFL iBT\n- 1 169(listening) 6.5(listening) 62(listening) 59(listening) 53(listening) 19(listening)\n- 168(reading) 6.5(reading) 65(reading) 59(reading) 54(reading) 19(reading)\n- 180(writing) 6.5(writing) 71(writing) 64(writing) 60(writing) 23(writing)\n- 187(speaking) 6.5(speaking) 76(speaking) 53(speaking) 66(speaking) 22(speaking)\n- OverallScore 178 7 73 62 63 91\n\n\n\n\n\nSchedule 2—Specified countries\n\n \n\n| Item | Country |\n| --- | --- |\n| 1 | Australia |\n| 2 | Canada |\n| 3 | New Zealand |\n| 4 | Republic of Ireland |\n| 5 | Republic of South Africa |\n| 6 | United Kingdom of Great Britain and Northern Ireland |\n| 7 | United States of America |\n\n\n \n\n\n\n\nSchedule 3—Repeals\n\nMigration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument maintains the same scope as its predecessor (IMMI 18/003). It continues to perform the specific function of specifying courses and exams for migration agent registration under the Migration Agents Regulations. While it updates the list of approved universities and English test requirements, it does not expand beyond the original purpose of setting registration prerequisites."},"complexity_factors":["Multiple nested conditions in section 7 determining which exam pathway applies based on education history and country of study","Cross-references to the Migration Agents Regulations 2026 and Migration Act 1958","Schedule-based structure with three separate schedules containing tables and repeal provisions","Transitional provisions in Part 3 creating different rules for applications made before vs after commencement","Specific scoring tables in Schedule 1 with six different English tests and five score components each (listening, reading, writing, speaking, overall)","Grandfathering provisions for courses completed before 2018 (section 6(2)) and transitional arrangements for Griffith University Masters students (section 11)","Dual authority citation (made under both the 2026 and 1998 Regulations) requiring reconciliation of legislative bases"],"plain_english_summary":"This instrument defines who can register as an Australian migration agent by specifying qualifying university courses, the required Capstone Assessment, and English-language test rules and minimum scores. It updates the approved course list and replaces the 2018 instrument.\n\nIt affects prospective migration agents, universities offering migration law, and the Migration Agents Registration Authority by ensuring entrants meet education, assessment, and English standards before practising."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The instrument replaces the 2018 instrument (Schedule 3) and sets a new, specific list of qualifying courses (s.6), formally specifies the Capstone Assessment and alternative English-test pathway (s.7), fixes numeric minimum scores (Schedule 1), lists eligible English-medium countries (Schedule 2), and adds transitional evidence windows for pre-commencement courses and TOEFL attempts (ss.11–12). These elements narrow and reframe the pathways and timing applicants must meet."},"complexity_factors":["Multiple conditional pathways for qualification (distinct classes in s.7(1) vs s.7(2)), increasing decision rules to apply.","Detailed, per-skill and overall minimum scores across six English tests (Schedule 1) with a separate TOEFL matrix in cl.12.","Time-limit rules and single-sitting requirement for some tests (ss.8(2), 9(a)–(b)) that create temporal compliance burdens.","Transitional evidence rules for courses and TOEFL attempts with varied cut-off windows (ss.10–12) requiring document timing checks.","Numerous defined terms and cross-references to the Act and Regulations (ss.3–5, definitions) that require legal cross-mapping.","Explicit repeal of the 2018 instrument (Schedule 3) so practitioners must compare old and new specifications to assess effect."],"plain_english_summary":"This instrument specifies which university courses and examinations qualify a person to register as a migration agent, sets specific English-test score thresholds and timing rules for tests, and replaces the 2018 instrument. It commences 1 April 2026.\n\nIt affects prospective migration agents (who pay for courses and tests and must supply evidence) and the Migration Agents Registration Authority (which assesses applications under ss.6–12). The rules change compliance costs, define alternative pathways, and create transitional windows for pre-commencement evidence."}},"importantCases":[],"_links":{"self":"/api/acts/migration-specified-courses-and-exams-for-registration-as-a-migration-agent-instrument-2026","history":"/api/acts/migration-specified-courses-and-exams-for-registration-as-a-migration-agent-instrument-2026/history","analysis":"/api/acts/migration-specified-courses-and-exams-for-registration-as-a-migration-agent-instrument-2026/analysis","conflicts":"/api/acts/migration-specified-courses-and-exams-for-registration-as-a-migration-agent-instrument-2026/conflicts","importantCases":"/api/acts/migration-specified-courses-and-exams-for-registration-as-a-migration-agent-instrument-2026/important-cases","documents":"/api/acts/migration-specified-courses-and-exams-for-registration-as-a-migration-agent-instrument-2026/documents"}}