2014259 (Refugee)

The applicant, an asylum seeker from Iran, sought a protection visa. The dispute concerned whether Australia had protection obligations towards him, specifically whether he faced persecution due to his conversion to Christianity. The decision under review was made by a delegate of the Minister for Immigration and Border Protection, and the matter came before the Tribunal.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of the *Migration Act 1958* (Cth) and, if not, whether Australia had protection obligations towards him under the complementary protection criterion. This involved determining if the applicant had a well-founded fear of persecution for reasons of religion, if he was a member of a particular social group, and if there was a real risk of significant harm upon his return to Iran.

The Tribunal found that the applicant gave clear, straightforward, and self-reflective evidence regarding his conversion to Christianity and his fear of returning to Iran. It noted that his understanding of his faith had deepened since the delegate's decision, which was understandable given the passage of time and his continued practice. The Tribunal was satisfied that the applicant's faith journey was genuine and that he lived his faith daily, which positively impacted his mental health and sense of well-being, rather than simply being a benefit of community participation. Consequently, the Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under s 36(2)(a) of the *Migration Act*. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s 36(2)(a).