2112901 (Refugee)

This matter concerned an application for a protection visa by a national of Iran. The applicant arrived in Australia in May 2014 and claimed to have developed doubts about his Islamic faith while in Iran. Upon arriving in Australia, he experienced culture shock and sought mental health support. He was introduced to Christian converts, began attending church, and developed a genuine interest in Christianity, eventually becoming involved in church activities and training to assist a pastor. He expressed a fear of returning to Iran due to the risks associated with his conversion, including potential imprisonment or the death penalty, and stated he could not conceal his faith. The case was heard by the Federal Circuit Court.

The primary legal issue before the court was whether the applicant was a person in respect of whom Australia had protection obligations, specifically whether he met the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of religion, and whether effective protection measures were available to him in Iran, or if he could reasonably modify his behaviour to avoid persecution. The court also considered the complementary protection criterion under section 36(2)(aa), which addresses the risk of significant harm upon removal from Australia.

The court found that the applicant's conversion to Christianity was genuine and acknowledged his significant involvement with the Christian church in Australia over the preceding decade. The presence of supporting witnesses from his church further bolstered his claims. The court considered the applicant's response to concerns about "fake" conversions, noting his emphasis on personality, the "fruits of one's life," and the passage of time as indicators of genuine faith. Based on this assessment, the court concluded that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a).

The Federal Circuit Court remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958*.