1925367 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of an Iranian national. The applicant claimed he was born into a strict Muslim family but developed doubts about Islam, eventually converting to Christianity. His conversion and subsequent actions, including his wife divorcing him and his estrangement from his family, formed the basis of his claim for protection in Australia. The Tribunal was required to determine whether Australia had protection obligations towards the applicant.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth), which concerns being a refugee. This required assessing whether the applicant had a well-founded fear of persecution for reasons of religion in Iran, considering the country information and the applicant's claims and evidence. The Tribunal also had regard to the complementary protection criterion under section 36(2)(aa) of the Act, which addresses the risk of significant harm upon removal from Australia.

The Tribunal found that the applicant's claims regarding his religious beliefs and the consequences he faced in Iran were broadly consistent and supported by the evidence. It noted that while apostasy itself might not be a crime in Iran, it could attract other criminal provisions or be subject to Sharia law, and that the authorities could have official knowledge of his conversion. Applying the principles of refugee law, the Tribunal concluded that the applicant had established a well-founded fear of persecution based on his religion. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).