1600364 (Refugee)

The applicant, an asylum seeker from Iran, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse their application for a protection visa. The applicant claimed a fear of persecution based on their political opinion, stemming from participation in student protests challenging the Iranian government's authority, their rejection of the Muslim faith and identification as an atheist, their Azeri ethnicity, and their consumption of alcohol. The Minister's delegate had considered these claims, including information from a Gozinesh profile, and had found that the applicant did not hold a genuine fear of persecution.

The Administrative Appeals Tribunal was required to determine whether the applicant would be a refugee within the meaning of section 5 of the *Migration Act 1958* (Cth). This involved assessing whether there was a real chance that the applicant would be persecuted for reasons of their imputed political opinion, religion, or membership of a particular social group, and whether the Australian government would be unable or unwilling to protect them. The Tribunal also had to consider the weight to be given to the applicant's delay in lodging their protection application.

The Tribunal found that the delegate had failed to adequately assess the risk of persecution arising from the applicant's political opinion and their atheism. It was held that the delegate had not properly considered the cumulative impact of the various grounds for fear, nor had they adequately engaged with the evidence concerning the applicant's specific circumstances and the potential for adverse attention from Iranian authorities. The Tribunal concluded that there was a real chance the applicant would be persecuted and that the delegate's decision was therefore not justified.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the Minister for reconsideration in accordance with the Tribunal's findings.