1922737 (Refugee)

The applicant, an Iranian national, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him. The matter was heard by a Member of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of the Migration Act 1958, and if not, whether he faced a real risk of significant harm if returned to Iran, thereby engaging Australia's complementary protection obligations. The Tribunal was required to consider the applicant's claims regarding his political opinions and his conversion to Christianity, as well as the evidence presented in support of these claims, including country information.

The Tribunal found that the applicant gave clear and confident oral evidence, which was consistent with his written submissions and did not appear to be embellished. The Tribunal accepted the applicant's account of his conversion to Christianity in Australia, his baptism, and the subsequent negative reaction from his family, including his wife instigating a divorce. The Tribunal also considered the documentary evidence, such as his baptism certificate, letters from religious leaders and parishioners, and his divorce certificate. Applying the principles of the Migration Act, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a).

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