1911172 (Refugee)

This matter concerned an application for a protection visa by an individual from Iran. The applicant claimed to fear harm upon return to Iran due to his conversion to Christianity, alleged threats from Iranian gangsters, and potential prosecution by Iranian authorities. The decision under review was that of the Minister's Delegate, who had refused the original application.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for the grant of a protection visa, specifically whether he had established a well-founded fear of persecution based on his religious beliefs or other grounds that would engage Australia's protection obligations. This required the Tribunal to assess the applicant's claims and the evidence provided in support thereof.

The Tribunal considered the applicant's claims afresh, noting that while the Tribunal is inquisitorial, the onus remains on the applicant to provide sufficient evidence to establish their claim under section 5AAA of the *Migration Act 1958* (Cth). The Tribunal affirmed the Delegate's findings that the applicant's conversion to Christianity appeared to be for the sole purpose of the visa application and that there was a lack of credible evidence to support the claims of threats or the likelihood of prosecution by Iranian authorities. The Tribunal found that any social media postings related to Christianity were either deleted or not made from a personal account, thus not creating traceable evidence that could attract the attention of Iranian authorities. The Tribunal concluded that the applicant had not established a real chance of facing serious harm.