2017053 (Refugee)

This matter concerned an appeal by an Iranian national against a decision of the Refugee Review Tribunal. The applicant claimed to have genuinely converted to Christianity in Australia and feared persecution in Iran due to her religious beliefs and her non-conformity with dress codes. She also alleged an abusive relationship with her husband and harassment from morality police. The Tribunal had considered country information and guidelines prepared by the Department of Home Affairs and the Department of Foreign Affairs and Trade.

The primary legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Act, which requires a well-founded fear of persecution, and alternatively, whether she met the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing that removal would result in a real risk of significant harm. The court also considered the applicant's membership in a particular social group, specifically women who do not conform to dress codes.

The court found that the applicant had genuinely converted to Christianity and was sincere in her faith and activities. It was satisfied that she had a well-founded fear of persecution in Iran, stemming from her religious conversion and her past experiences with authorities, including an arrest at a Bible study group and subsequent detention. The court also noted the applicant's history of domestic violence and the threats she received, which contributed to her fear. Consequently, the decision under review was remitted.