Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

Administrative law – Judicial review – Immigration – Refugees – Appellant, an Iranian, sought a protection visa on the basis that he had converted to Christianity after leaving Iran – Refugee Review Tribunal twice affirmed decision to refuse the appellant a protection visa – Relying on information contained in a country profile, the Tribunal distinguished between Christians in Iran who quietly go about their devotions and those who actively or conspicuously proselytise, and considered that only the latter group would encounter a real chance of persecution – Whether Tribunal asked itself a wrong question by seeking to categorise the way in which the appellant expressed his beliefs – Whether Tribunal addressed whether appellant had a well-founded fear of persecution on the ground of religion – Whether Tribunal had committed jurisdictional error similar to the error identified in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs.

International human rights law – Refugees – Refugees Convention – Ground of religion – Freedom of religion as a basic human right.

Migration Act 1958 (Cth) – s 36(2).

Convention relating to the Status of Refugees as amended by Protocol relating to the Status of Refugees.