1816266 (Refugee)

This matter concerned an appeal by the applicants against a decision of the delegate of the Minister to refuse their applications for a Protection Visa. The primary applicant, an Iranian woman of Arab Khamseh ethnicity, claimed to fear persecution in Iran due to past domestic violence perpetrated by her father, her status as a divorced single mother, and her lesbian identity. The second applicant is her daughter.

The court was required to determine whether the applicants had established a well-founded fear of persecution for a Convention reason, or whether they were entitled to complementary protection. Specifically, the court had to consider the credibility of the primary applicant's claims regarding past violence, her fear of her father, and the risks she faced as a divorced single mother and a lesbian in Iran, as well as her ethnicity and any imputed political opinions.

The court found that the delegate had erred in assessing the evidence. The delegate had dismissed the primary applicant's claims of past violence and fear of her father, her status as a divorced single mother, and her lesbian identity as not credible or not constituting serious harm. The delegate also found that the applicant had abandoned her claim of persecution based on her ethnicity and imputed political opinions. However, the court determined that the delegate had not adequately considered the cumulative impact of the applicant's circumstances, including her ethnicity, gender, and status as a divorced single mother, in assessing her fear of persecution. The court also noted that the delegate had not properly considered the risk of gender-based violence.

The court set aside the delegate's decision and remitted the matter to the Tribunal to be heard and determined afresh, with the direction that the Tribunal should consider the applicants' claims in light of the court's findings.