1930096 (Refugee)

This matter concerned an application for a protection visa by a woman from Iran. The applicant claimed she had a well-founded fear of persecution on the grounds of her religion and political opinion, and alternatively, that there was a real risk of significant harm if returned to Iran. The dispute arose from the delegate's decision to refuse the visa, which the applicant sought to have reviewed.

The court was required to determine whether the applicant had a well-founded fear of persecution for one of the five reasons specified in section 5J(1) of the Act, and if so, whether there was a real chance of persecution upon return to Iran. If these criteria were not met, the court also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Iran, the applicant faced a real risk of suffering significant harm as defined in section 36(2A) of the Act.

The applicant's claims included conversion to the Baha'i faith, living with her boyfriend, and participation in anti-government demonstrations, leading to arrest and ill-treatment by the Basij. She also asserted she had been convicted in absentia by Iranian courts for an illegal relationship and anti-Islamic behaviour, and that Iranian authorities had subsequently searched her mother's home for her. The delegate accepted some aspects of her claims, such as her divorce, past arrests for dress code violations and protests, and ill-treatment by the Basij, as well as her relationship with Mr. C. However, the delegate did not accept that the applicant had developed an interest in the Baha'i faith, attended meetings, or was pursued by authorities in relation to her religious beliefs or her relationship. Crucially, the delegate was not satisfied that the applicant was of adverse interest to the Iranian authorities at the time of her departure or that they had shown interest in her since. The delegate concluded that the applicant did not meet the criteria for a refugee or for complementary protection.

The decision under review was remitted.