1909407 (Refugee)

The applicant, a national of Iran, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically the refugee criterion or, alternatively, the complementary protection criterion. The matter was before the Tribunal for merits review of a delegate's decision to refuse the visa.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion or ethnicity, thereby satisfying the refugee criterion under section 36(2)(a) of the Migration Act 1958, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant would suffer significant harm, thus meeting the complementary protection criterion under section 36(2)(aa). The Tribunal was also required to consider the applicant's claims regarding his religious conversion, his past experiences in Iran, and the genuineness of his fear.

The Tribunal considered the applicant's claims of being punished during military service for non-adherence to Islamic rituals, his subsequent inability to find work due to lack of affiliation, and his conversion to Christianity shortly after arriving in Australia. It noted the extensive supporting evidence, including statutory declarations and oral testimony from his partner, church leaders, and friends, which indicated a credible familiarity with Christian teachings and practices. The Tribunal also had regard to country information regarding official discrimination and the real chance of serious harm in Iran. Despite some disruptions to the applicant's church attendance and activities due to COVID-19 and medical conditions, the Tribunal found his evidence to be fluent and cohesive, and that his activities were not solely for the purpose of strengthening his claim.

The Tribunal concluded that the applicant satisfied the refugee criterion under section 36(2)(a) of the Migration Act. Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant meets the criteria for the grant of a protection visa.