1802634 (Refugee)

This matter concerned an application for a protection visa by an Iranian national of Faili Kurd ethnicity. The applicant claimed to have converted from Islam to Christianity while in Australia and expressed fear of persecution upon return to Iran, particularly due to her religious conversion and a past sexual assault. The applicant also raised concerns regarding potential virginity testing and the treatment of apostates in Iran.

The court was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically on the grounds of religion, and whether she would be unable to obtain protection from the Iranian state or relocate within Iran. The court also considered the applicant's claims regarding past events in Iran, including a sexual assault by a member of the Basij, and her subsequent actions in Australia, such as a relationship and abortion, which she argued contributed to her current circumstances.

The court found that the applicant's evidence regarding her conversion to Christianity and her involvement in a Persian-speaking Christian congregation was forthright and engaging. It considered supporting letters from church leaders and members, which corroborated her claims of sincere belief and her difficulties in exploring Christianity due to her mother's strict adherence to Islam. The court also reviewed country information concerning the treatment of apostates in Iran and the availability of state protection or internal relocation. Ultimately, the court determined that the original decision under review should be remitted.