1825132 (Refugee)

The Administrative Appeals Tribunal considered the case of an Iranian national seeking a protection visa. The applicant, who arrived in Australia in 2012, had made claims for protection over a decade, with the substance of his claims evolving over time. By the time of the Tribunal proceedings, his fears were primarily centred on his alleged conversion to Christianity since arriving in Australia, in addition to earlier claims of harassment, bribery, and physical assault by Iranian authorities due to his perceived pro-Western views and avoidance of Islamic practices.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under the complementary protection provisions of section 36(2)(aa). This required an assessment of whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there were substantial grounds for believing he would suffer significant harm upon removal to Iran. The Tribunal was also required to consider relevant country information and guidelines, including Ministerial Direction No. 84 and the Refugee Law Guidelines.

The Tribunal found that the applicant was an Iranian national and that Iran was his country of nationality and the receiving country. While the applicant's claims had evolved, the Tribunal concluded that the decision under review should be remitted for reconsideration. The Tribunal directed that the applicant satisfies section 36(2)(a) of the *Migration Act*, indicating that he met the criteria for being a refugee.