1907296 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of an Iranian citizen who claimed to be a Christian convert. The applicant arrived in Australia in 2013 and was diagnosed with delusional disorder in 2020, subsequently being released into the community under a guardianship order. The dispute concerned whether the applicant met the criteria for a protection visa, with claims relating to his religious beliefs and fear of harm from authorities and family.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which pertains to being a refugee, or alternatively, under section 36(2)(aa), which concerns complementary protection obligations due to a real risk of significant harm upon removal from Australia. This involved assessing the applicant's fear of persecution based on his claimed religious conversion and considering the impact of his mental health condition and the potential for adverse attention from Iranian authorities.

The Tribunal applied the principles of Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines. While the applicant's claim based on religion was not fully considered, the Tribunal found that due to his serious mental illness and lack of insight, there was a real chance he would attract the adverse attention of Iranian authorities. This finding led the Tribunal to be satisfied that Australia had protection obligations towards the applicant under section 36(2)(a) of the Migration Act.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.