2012718 (Refugee)

This matter concerned an appeal by an applicant, a national of Iran, against the refusal of his protection visa application. The applicant, who identified as a stateless Faili Kurd, had arrived in Australia with his wife and son in September 2010. His claims for protection had previously been assessed as not owing protection obligations to Australia through a Refugee Status Assessment and an International Treaty Obligations Assessment. His wife and children had been granted temporary protection visas, and he had subsequently applied for a Safe Haven Enterprise visa, which was refused by a delegate of the Minister for Home Affairs.

The primary legal issues before the Tribunal were whether the applicant met the refugee criterion under s 36(2)(a) of the Migration Act 1958 (Cth), and if not, whether he was entitled to complementary protection under s 36(2)(aa) of the Act. The applicant's claims revolved around alleged altercations with the Basij during an election demonstration and a sporting event, which he contended led to him losing his job and imputed political opinions. He also raised concerns about his son's future education and participation in sport.

The Tribunal considered the applicant's claims in light of the Refugee Law Guidelines, Complementary Protection Guidelines, and country information. It concluded that the applicant did not meet the refugee criterion. The Tribunal then considered the complementary protection criterion, which requires substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, there is a real risk of significant harm. The Tribunal affirmed the delegate's decision, finding that the applicant had not established that he met the criteria for the grant of a protection visa. The applicant's attention was drawn to the Tribunal's recommendations regarding a request for Ministerial Intervention.