1934933 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse protection visas to two applicants, citizens of Iran. The applicants claimed they had converted from Islam to Eckankar and feared persecution in Iran due to their religious beliefs. They had arrived in Australia on temporary visas and subsequently applied for protection visas.

The primary legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the first applicant was a refugee owing to a well-founded fear of persecution for a Convention reason, or if they were owed complementary protection due to a real risk of significant harm upon removal to Iran. The Tribunal also considered whether the second applicant, as the wife of the first applicant, qualified for a protection visa as a member of the same family unit.

The Tribunal considered the applicant's claim of conversion to Eckankar and the evidence presented, including country information regarding the treatment of religious minorities in Iran. It noted that section 5J of the *Migration Act* defines a well-founded fear of persecution, requiring a real chance of persecution for specific reasons, and that this risk must relate to all areas of the receiving country. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing there is a real risk of significant harm upon removal. Ultimately, the Tribunal found that the matter should be remitted for reconsideration.

The Tribunal remitted the matter for reconsideration with directions that the first applicant satisfies section 36(2)(a) of the *Migration Act*, meaning he is considered a refugee. The Tribunal also directed that the second applicant satisfies section 36(2)(b)(i) on the basis of being a member of the same family unit as the first applicant, thereby entitling her to a protection visa if other criteria are met.