1837954 (Refugee)

The applicant, who sought a protection visa, was a national of Iran. The dispute concerned the assessment of whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, specifically individuals who had rejected Islam and converted to Christianity. The decision under review was made by the Refugee Review Tribunal. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the Tribunal erred in its assessment of the applicant's claims for protection. This involved determining whether the applicant's conversion to Christianity and subsequent rejection of Islam placed them within a particular social group for the purposes of the *Migration Act 1958* (Cth). The Court also considered whether there was a real chance that the applicant would suffer serious harm if returned to Iran, taking into account their religious beliefs, a tattoo of a Christian symbol, and a perceived anti-government political opinion.

The Court found that the Tribunal had failed to adequately consider the evidence regarding the applicant's conversion and the potential consequences of their religious beliefs in Iran. It was held that individuals who have rejected Islam and converted to Christianity can constitute a particular social group. Furthermore, the Court determined that the Tribunal had not properly assessed the real chance of serious harm, including the implications of the applicant's visible Christian symbol and their perceived political opinion. Consequently, the Court concluded that the Tribunal's decision was affected by an error of law.

The Court ordered that the decision of the Refugee Review Tribunal be remitted to the Tribunal for redetermination according to law.