2012475 (Refugee)

The applicant, an Iranian citizen, sought a protection visa, claiming a well-founded fear of persecution upon return to Iran due to his conversion from Islam to Christianity. The dispute before the Tribunal concerned whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires the applicant to be a refugee with a well-founded fear of persecution.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion, and if so, whether such persecution would involve serious harm and be systematic and discriminatory. The Tribunal was also required to consider whether effective protection measures were available to the applicant in Iran, or if it would be reasonable for him to relocate within Iran to avoid such persecution. The Tribunal also had regard to Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal considered the applicant's evidence, including his stated reasons for losing faith in Islam following the 2009 protests, his subsequent abandonment of Islam while in Iran, and his conversion to Christianity in Australia, evidenced by social media posts, church attendance records, and a baptismal record. The Tribunal accepted the applicant's claims regarding his identity and his departure from Iran. The Tribunal found that the applicant's conversion to Christianity and his fear of persecution on this basis satisfied the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth).

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).