2102025 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who was born in Iran and had arrived in Australia in May 2013. The applicant claimed to fear harm upon return to Iran due to his conversion from Islam to Christianity, his opposition to the current Iranian political regime, his past participation in political activities, and his status as a returnee from a Westernised country. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if removed from Australia to Iran.

The Tribunal applied the provisions of the *Migration Act 1958* (Cth), including sections relating to the definition of a refugee and the criteria for a protection visa. It considered the applicant's claims regarding his religion, political opinion, and membership of a particular social group, as well as the concept of significant harm and the availability of effective protection measures in Iran. The Tribunal also had regard to Ministerial Direction No. 84 and relevant guidelines and country information.

The Tribunal concluded that the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act*. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies this criterion.