1702176 (Refugee)

This matter concerned an application for a protection visa by the applicant, who claimed to have converted to Jehovah's Witnesses in Iran. The applicant asserted that upon return to Iran, he faced a real risk of significant harm, including death, from the government, Muslims, and his own family due to his conversion. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa, including the complementary protection criterion.

The primary legal issues before the court were whether the applicant had genuinely converted to Christianity and whether, if returned to Iran, he would face a real risk of significant harm as defined by the Act. The Tribunal was also required to consider evidence presented, including an anonymous source's claim that the applicants were fabricating their conversion for visa purposes, and to assess the credibility of the applicant's claims in light of this information and country-specific assessments.

The Tribunal found that the applicant had not established a genuine conversion to Christianity, nor had he demonstrated a real risk of significant harm upon return to Iran. The Tribunal noted inconsistencies and a lack of credible evidence supporting the applicant's claims, including the fact that his stated witnesses did not know him in Iran and that his wife relied solely on his claims. The Tribunal also considered that the applicant had not explored other faiths and that there was a lack of interest from Iranian authorities regarding failed asylum seekers. Consequently, the Tribunal affirmed the decision under review.