1506144 (Refugee)

This matter concerned an application for a protection visa by a national of Iran. The applicant, who identified as an ethnic Faili Kurd, claimed to fear harm upon return to Iran due to an imputed anti-regime political opinion, his ethnicity, and a disability. The applicant also alleged past mistreatment by Iranian police, including verbal abuse and physical assault, which he believed were motivated by his perceived political leanings. The Administrative Appeals Tribunal was required to determine whether the applicant had established a well-founded fear of persecution or significant harm on any of the grounds claimed.

The Tribunal considered the applicant's claims regarding his ethnicity and disability, accepting that he was an ethnic Faili Kurd and had a congenital disability. It was also accepted that this disability had exempted him from military service. However, the Tribunal noted that the applicant had been able to obtain employment despite his disability. The applicant's account of being stopped by police in 2010 and 2011 was partially accepted, with the Tribunal finding that the events occurred and that the applicant had not experienced prior difficulties with the authorities. The applicant's assertion that these incidents were due to an imputed anti-regime political opinion was explored, with the applicant stating it was a "moral policy" and that he was concerned about being recognised.

The Tribunal found that the applicant was a national of Iran and accepted his claim to be an ethnic Faili Kurd. The applicant's claims of being stopped by police in 2010 and 2011 were accepted as having occurred, and the Tribunal accepted, based on country information, that these events were consistent with the applicant's account. However, the applicant's assertion that the authorities acted due to an imputed anti-regime political opinion was not substantiated to the Tribunal's satisfaction, particularly in light of the applicant's own statements that he did not know why the incidents had occurred and that the police had asked for his name and surname. The Tribunal also noted that the applicant had not provided evidence of a right to enter and reside in a third country.