2017560 (Refugee)

This case concerned an application for a protection visa by an Iranian citizen. The applicant claimed he feared persecution in Iran due to his conversion from Islam to Christianity and his attendance at protests against the Iranian authorities. The Department of Home Affairs had refused his application, and the applicant sought review of this decision by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to Iran. This involved assessing the applicant's claims of religious persecution, political opinion, and the credibility of his evidence regarding his conversion, church involvement, and participation in protests.

The Tribunal considered the applicant's varying accounts of his reasons for leaving Iran and his financial contributions to his journey, noting inconsistencies between his initial statement of seeking economic opportunities and his later claims of religious persecution. The Tribunal found that while the applicant had provided evidence of his conversion and church attendance, his engagement with Christianity appeared to be recent and limited, and his participation in protests was described as low. The Tribunal also considered country information indicating that returnees without adverse profiles were not routinely investigated. Ultimately, the Tribunal concluded that the applicant had not established a well-founded fear of persecution for reasons of religion or political opinion, nor had he demonstrated a real risk of significant harm upon return to Iran.

The Tribunal affirmed the decision of the Department of Home Affairs not to grant the applicant a protection visa.