1801437 (Refugee)

This matter concerned applications for protection visas by a mother and her children, who were originally from Iran. The applicants claimed they feared serious harm if returned to Iran due to their ethnicity as Faili Kurds, their religion as Shia Muslims, imputed political opinion, and membership in a particular social group comprising modern young women. The Tribunal was required to determine whether the applicants met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) or, alternatively, whether Australia had protection obligations towards them under the complementary protection criterion in section 36(2)(aa).

The Tribunal considered the applicants' claims of persecution based on their ethnicity, religion, imputed political opinion, and membership in a particular social group. It noted that the basis of the applicants' claims had evolved since their initial arrival in Australia, with earlier claims of statelessness being resiled from. The Tribunal's reasoning focused on whether the fear of persecution was well-founded and whether the applicants were unable or unwilling to avail themselves of the protection of Iran. The Tribunal also examined the definition of "significant harm" in the context of complementary protection.

Ultimately, the Tribunal was not satisfied that the applicant mother met the refugee criterion under section 36(2)(a). However, it found that she was the parent of the other applicants and a member of the same family unit. Consequently, the outcome of her application was dependent on the success of her children's applications. The Tribunal concluded that the matter should be remitted for reconsideration, indicating that the applications would be dealt with separately to allow for a proper assessment of each applicant's individual circumstances.