1916742 (Refugee)

This matter concerned an application for a protection visa by a female applicant from Iran. The applicant claimed she had left Iran due to her conversion to Christianity and fear of persecution from authorities, as well as threats from her ex-husband who discovered her attendance at house churches. She also alleged her marriage was abusive and that she could not seek protection from Iranian authorities due to religious laws. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant met the criteria for a protection visa, including the complementary protection criterion under s 36(2)(aa) of the Migration Act 1958 (Cth).

The Tribunal considered the applicant's claims in light of the relevant legislative provisions, including s 36(2)(aa) which requires the Minister to be satisfied that there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant faces a real risk of suffering significant harm. The Tribunal also had regard to Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and the most recent DFAT Country Report on Iran (24 July 2023). The applicant's evidence detailed her forced marriage, abusive relationship, conversion to Christianity, attendance at house churches, and fear of severe punishment, including imprisonment, torture, and rape, should she be returned to Iran.

The Tribunal found that the applicant's cumulative profile, including her Christian faith, her past political protest activities evidenced by social media posts and a photograph without a hijab, and the hostile ex-husband in Iran, presented a higher risk of serious mistreatment. Consequently, the Tribunal remitted the decision under review.