1906637 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, born in Iran, arrived in Australia in December 2011 and initially claimed to be a stateless unregistered Faili Kurd. This claim was later abandoned. The applicant then advanced claims based on her conversion from Shi’a Islam to Christianity and her participation in anti-government protests in Australia.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion or political opinion, or if she faced a real risk of significant harm upon return to Iran. Specifically, the Tribunal had to assess the credibility of her claims regarding her conversion to Christianity and her alleged political activities, and whether these, individually or in combination, constituted grounds for protection under the Migration Act 1958. The Tribunal also considered whether the applicant could reasonably modify her behaviour to avoid any potential harm, as per section 5J(3) of the Act.

The Tribunal found that the applicant had credibly converted from Shi’a Islam to evangelical Christianity and was therefore an apostate. However, it initially assessed that she would not face a real risk of significant harm upon return to Iran, as she could maintain a low profile and discreetly practice her faith without attracting official attention. Similarly, her political activities were deemed unlikely to bring her to the attention of Iranian authorities to a degree that would constitute a real risk of harm. The Tribunal also considered that the applicant could modify her behaviour, such as by adhering to Islamic dress codes, to avoid detection.

Upon further consideration, particularly regarding the applicant's conversion to Christianity and the implications of section 5J(3) of the Migration Act, the Tribunal concluded that the applicant did have a well-founded fear of persecution. It determined that the modifications required to avoid harm, such as concealing her true religious beliefs or ceasing to practice her faith, would conflict with characteristics fundamental to her identity and conscience. Consequently, the Tribunal found that the applicant satisfied the criteria for a protection visa under section 36(2)(a) of the Act. The matter was remitted for reconsideration with a direction that the applicant meets the refugee criterion.