1920681 (Refugee)

The applicant, a woman from Iran, sought a protection visa, claiming she feared persecution upon return to her home country. The dispute centred on whether Australia had protection obligations towards her, particularly in light of her conversion to Christianity and subsequent marriage to an Australian-Iranian Christian. The case was heard by the Tribunal.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, whether she met the criteria for complementary protection under section 36(2)(aa) due to a real risk of significant harm if removed from Australia. This involved assessing the credibility of her claims regarding her secular views in Iran, her conversion to Christianity, and the potential consequences of her apostasy and new religious affiliation upon return.

The Tribunal considered the applicant's initial claims of difficulties as a single professional woman in Iran, exacerbated by her secular views and association with individuals connected to the basij. It also examined her later claims of conversion to Christianity in 2019, baptism, and marriage to a Christian man in 2021, supported by photographic evidence. The Tribunal noted the applicant's statement that her parents supported her independence, leading to resentment of how Islam was promulgated by religious authorities in Iran, and her past practice of removing her hijab during business trips abroad. The Tribunal also referenced Ministerial Direction No. 84 and relevant guidelines and country information.

Ultimately, the Tribunal was satisfied that the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).