1909062 (Refugee)

This matter concerned an application for a protection visa by an individual from Iran. The applicant claimed to fear harm in Iran due to his ethnic Kurdish background, his participation in anti-government protests, and his conversion from Islam to Christianity. The court was required to assess whether the applicant met the criteria for a protection visa, considering both the refugee convention and complementary protection obligations.

The legal issues before the court included determining the applicant's credibility regarding his claims of protest activity and detention, and assessing the risk of significant harm he would face upon return to Iran. Specifically, the court had to consider whether his Kurdish ethnicity, past involvement in protests, and pending court proceedings created a real risk of persecution or serious harm. The court also had to consider the impact of his conversion to Christianity on his safety in Iran.

The court accepted the applicant's evidence that he is an ethnic Faili Kurd and that he participated in the 2009 election protests. It also gave him the benefit of the doubt regarding his participation in a 2012 protest in Tehran's Grand Bazaar, noting that while international reports did not mention such a protest, it was plausible that a small, quickly suppressed demonstration would not be widely reported. The court found that the applicant had been detained and subjected to mental torture for approximately 20 days following the 2012 protest. It also considered country information indicating that Kurdish protestors face an increased risk of harm in Iran, and that individuals facing charges or having failed to appear in court may face severe consequences, including long-term imprisonment or execution. The court noted that a person who leaves Iran with pending charges generally remains open to prosecution upon return.

The decision under review was remitted.