2012900 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by a delegate of the Minister for Home Affairs to refuse the applicant a protection visa. The applicant, who arrived in Australia in 2012, sought review of the delegate's decision made on 14 August 2020. The applicant claimed to fear persecution in Iran due to his conversion to Christianity. The delegate had refused the visa on the basis that the applicant's conversion was not considered genuine, citing a lack of reflection or knowledge about the religion.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee or qualified for complementary protection. This involved assessing the genuineness of his conversion to Christianity and whether, if he were returned to Iran, he would face a real risk of significant harm. The Tribunal also considered the applicant's past experiences in Iran, including his employment as a satellite receiver installer and interactions with his ex-wife's family and the police.

In its reasoning, the Tribunal considered the applicant's visa application, supporting documents, departmental records, and new evidence presented. It also took into account the Refugee Law Guidelines and Complementary Protection Guidelines, as well as independent information about Iran. The applicant gave evidence before the Tribunal, which was assisted by an interpreter. The Tribunal noted that not all relevant information needs to be explicitly referenced if it is not central to the determination of the issues. The applicant's earlier statements from arrival and entry interviews in 2012, and his 2016 SHEV application, were also considered, detailing his reasons for leaving Iran, including marital problems and financial hardship, as well as his previous employment and an arrest for a bicycle registration issue.