1909810 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, an Iranian national, claimed to have renounced Islam and to oppose the Iranian regime, fearing persecution upon return due to his atheism, his past employment with the Sepah (an Iranian security agency), and his perceived "westernised" status.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him under section 36(2)(a) of the *Migration Act 1958* (Cth) because he was a refugee, or alternatively, under section 36(2)(aa) due to a real risk of significant harm if returned to Iran. The Tribunal was required to assess the applicant's claims of a well-founded fear of persecution based on his religion and political opinion, and consider the availability of internal relocation or effective protection within Iran.

The Tribunal reasoned that the applicant's claims regarding his renunciation of Islam, his opposition to the regime, and his perceived "westernised" status, coupled with recent executions for blasphemy in Iran, raised substantial grounds for believing he faced a real risk of persecution. The Tribunal noted that the applicant's past employment with the Sepah, his disagreements with its actions, and his failure to conform to religious dress requirements could further contribute to this risk. The Tribunal also considered the provisions of the *Migration Act* concerning the definition of a refugee and significant harm, including the exceptions related to internal relocation and general risks faced by the population.

Ultimately, the Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the *Migration Act*. The matter was remitted for reconsideration with a direction that the applicant satisfies this criterion.