2006923 (Refugee)

This matter concerned an application for protection visas by a mother and her daughter, both citizens of Iran. The applicant mother claimed she faced persecution in Iran due to her political opinions and her conversion from Islam to Christianity. She alleged a history of activism against the Iranian regime, including participation in demonstrations, resulting in arrests, detention, interrogation, sexual assault, and a suspended prison sentence for acting against national security. She also claimed she was facing charges of apostasy. The second applicant, her daughter, was included in the protection visa application as a member of the same family unit.

The primary legal issues before the Tribunal were whether the applicants had a well-founded fear of persecution for a Convention reason, or if they were owed complementary protection, or if the daughter qualified as a member of the same family unit as a refugee or person owed complementary protection. The Tribunal was required to assess the credibility of the applicant's claims regarding her political opinions and religious conversion, and the potential for persecution in Iran based on these grounds.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 84 and relevant guidelines and country information. The applicant described her conversion to Christianity as a profound personal change, leading her to embrace kindness and honesty, and to actively share her faith with others, albeit cautiously in Iran. She stated that her opposition to the Iranian regime stemmed from the execution of her sister and her own experiences with state repression. The Tribunal accepted that the applicants were Iranian citizens and that Iran was the country of reference. Ultimately, the Tribunal concluded that the decision under review should be remitted.