1616039 (Refugee)

The applicant sought a protection visa, claiming he faced persecution in Iran due to his conversion to Christianity and his anti-government writings. The dispute centred on whether the applicant met the criteria for a protection visa under s.36(2)(a) or (aa) of the Migration Act 1958 (Cth). The Administrative Appeals Tribunal (AAT) affirmed the decision not to grant the visa.

The legal issues before the AAT were whether the applicant had a well-founded fear of persecution for reasons of religion or political opinion, and whether he would suffer significant harm if returned to Iran, thereby meeting the complementary protection criterion. The AAT was required to consider the applicant's claims regarding his dismissal from employment due to liberal views, his conversion to Christianity, and his anti-government writings, in light of relevant country information and policy guidelines.

The AAT considered the applicant's claims, including allegations of using his employment as a means to enter Australia and financial impropriety, which were contained in a s.438 certificate. While the applicant stated he had resolved financial issues and had no police record in Australia, the AAT was not satisfied that he met the criteria for a protection visa. The Tribunal noted that the applicant's family members were not in Australia, and ultimately affirmed the decision not to grant the protection visas.