Kairouz Architects and Associates Pty Limited (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Kairouz Architects and Associates Pty Limited's application for approval of a nomination for an Architect position. The core dispute revolved around whether the nominated position and its associated terms and conditions met the requirements of the Migration Regulations 1994, specifically concerning the employment of a non-citizen.

The Tribunal was required to determine if the applicant had satisfied various criteria under Regulation 2.72, including that the nomination was made in accordance with the prescribed process, that the nominator was an approved sponsor, that the nominee was correctly identified, and that the nominated occupation corresponded to a specified occupation in the relevant instrument. Crucially, the Tribunal had to assess whether the terms and conditions of employment offered to the nominee were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work, and whether the position itself was genuine.

The Tribunal found that the applicant had met all procedural requirements for the nomination. It reasoned that while the position was advertised as 'junior', the duties, terms, and conditions were equivalent to those of a graduate architect. The Tribunal noted that salaries for architects can vary based on qualifications, registration, and experience, and that the distinction between 'architect' and 'graduate architect' often relates to mandatory registration requirements. The Tribunal was satisfied that the position was genuine, noting an increase in high-value renovation work during COVID-19 restrictions as a factor supporting the need for such a role.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.