1914004 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse a protection visa to an applicant from Iran. The applicant claimed to have ceased practising Islam, engaged in meditation and spiritual exploration, published writings critical of Iranian clergy, and participated in environmental activism. She feared persecution by the Iranian government due to her perceived apostasy, anti-clerical views, and activism.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which involves having a well-founded fear of persecution as a refugee. If not, the Tribunal also had to consider whether she was entitled to complementary protection under section 36(2)(aa) of the Act, which requires substantial grounds for believing there is a real risk of significant harm if removed from Australia. The Tribunal was directed to consider relevant guidelines and country information.

The Tribunal found that the applicant satisfied the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth). This conclusion was based on the applicant's claims and the evidence presented, which indicated a well-founded fear of persecution for reasons including her perceived apostasy and her activism, which could lead to serious harm by the Iranian government.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).