IELTS One Skill Retake
The IELTS now states:
“Every year millions of people around the world use their IELTS scores to achieve their study, work and migration goals. With the right preparation and support, our test takers can achieve their best scores. To help you feel confident going into your IELTS test, we’ve developed IELTS One Skill Retake. If you didn’t show your potential in one section on test day, IELTS One Skill Retake can help you back on track. More information will be available soon, so keep an eye on this page for more updates.”
[see] https://ielts.com.au/australia/about/ielts-one-skill-retake
This could be a game changer for many visa applicants who have trouble meeting the score in each of the 4 components of speaking, writing, listening and reading. Commonly is the writing component which is below par.
Previously the High Court in Bodruddaza v Minister for Immigration and Multicultural Affairs [2007] HCA 14 ruled that the applicant had to score the threshold in each component in the one test.
However the wording for the English language requirements were different then to what they are now. In Bodruddaza the Court was looking at this provision:
“6A31 The applicant provides evidence of having achieved an [International English Language Testing System] test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening in a test”
Here are the facts as described by the Court:
“69. The plaintiff undertook two tests, one on 17 September 2005 and the second on 17 December 2005. He only achieved a score of at least six in three of the four components in any one test, although taking the two tests together he achieved a score of at least six in each of the four test components.”
But the Court rejected the submission that the two tests could be used to make up an overall score of 6:
“73. Item 6A31 fixes upon what transpired "in a test". That test must have been conducted not more than 12 months before the day on which the application is made or during the process of the application. From that test the applicant must be able to provide evidence of having achieved a score of at least six for each of the four components of that test, namely, speaking, reading, writing and listening.
74. The Minister correctly submits that the apparent objective of requiring a particular level of overall competence in the English language would not be achieved if Item 6A31 were to be satisfied by sitting the test on several occasions, concentrating on different components, until there was accumulated a sufficient collection of scores.”
But the wording is now different. It says, for competent English:
“for [Reg] 1.15C(1)(c), the following test scores:
an IELTS test score of at least 6 in each of the four test components of speaking, reading, writing and listening;” [see legislative instrument Immi15/005]
The key phrase is “an IELTS test score”. The difficulty for the visa applicant in Bodruddaza was that there were two test results. But if the IELTS “One Skill Retake” gives the applicant ONE score and if that score is a score of 6 “in each of the four test components” then in my professional opinion the person would have ‘competent English’! This opinion is bolstered by the change in language from ‘in a test’ to ‘an IELTS test score’. There is an adage in statutory interpretation, which is that if there is a change of language it means something different.
As stated this could be a game changer for those who struggle with the examination conditions, but it will all depend on whether the IELTS certificate with record a score of 6 in each component.
As you can see nothing is official yet from IELTS but it looks like the “One Skill Retake” is coming. Watch the IELTS space.