1908008 (Refugee)

The case involved a family of four, citizens of Iran, who sought protection in Australia. The applicants arrived in Australia in July 2014 and subsequently lodged a protection visa application in October 2018, which was refused by the delegate. The applicants claimed they feared persecution and significant harm upon return to Iran due to their conversion to Christianity. The Tribunal considered the claims of all family members, finding their claims to be identical.

The primary legal issues before the Tribunal were whether the applicants had a genuine and ongoing commitment to Christianity and whether they faced a real risk of significant harm or persecution in Iran as a consequence of their conversion. Specifically, the Tribunal had to assess the credibility of their conversion, their fear of surveillance by Iranian authorities, and the potential consequences of apostasy under Iranian law. The Tribunal was also required to consider the relevant country information regarding the treatment of converts to Christianity in Iran.

The Tribunal found the applicants' oral and written evidence to be consistent, truthful, and compelling. It was satisfied that all applicants had genuinely converted to Christianity, and this conversion had grown over time, not being undertaken solely to strengthen their refugee claim. The Tribunal accepted that the applicants were active members of their local Christian community in Australia and would seek to attend a church if returned to Iran, likely a house church, given their status as converts. The Tribunal noted that under Iranian law, a Muslim who leaves their faith can be charged with apostasy, which, while not explicitly criminalised in the Penal Code, is often treated as a capital crime based on sharia law and religious traditions. Although death sentences for apostasy are rare, the DFAT report indicated that religiously-based charges are possible.

The Tribunal concluded that the applicants faced a well-founded fear of persecution on return to Iran due to their conversion to Christianity and their status as apostates. Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the delegate for reconsideration and grant of a protection visa.