1837455 (Refugee)

This matter concerned an appeal by an Iranian national against a decision of the Refugee Tribunal. The applicant, who had been living in Australia since 2012, claimed he feared persecution in Iran due to his perceived anti-regime and pro-Western views, his non-practicing Muslim status, his association with alcohol, and his marriage to a non-Muslim. He also raised concerns about family disputes and threats made against him and his sister.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958 (Cth) (the Act) or, alternatively, under the complementary protection criterion in section 36(2)(aa) of the Act. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Iran, the applicant would suffer significant harm.

The Tribunal considered the applicant's background, including his wealthy family, his social media presence as an influencer with a moderate following, his lifestyle choices such as drinking alcohol, and his expressed views that diverged from the Iranian government's interpretation of Islam. It also took into account evidence of threats made against him and his sister arising from family legal disputes. The Tribunal noted that while the applicant did not meet the refugee criterion, the complementary protection criterion required consideration of whether removal would expose him to a real risk of significant harm. The Tribunal concluded that the decision under review should be remitted for reconsideration.