28 Mar 2012
R v REFUGEE STATUS APPEALS AUTHORITY and ANOR HC AK CIV-2010-404-006163
- Citation
- openlaw-6cc231c9_d350_4e73_815c_08981ef2dc85.pdf
- Court
- High Court
The Authority erred in law by failing to ask the legally required question why the claimant would worship covertly in Iran; secrecy cannot be taken at face value to negate a well-founded fear of persecution because the secrecy may be motivated by the very fear the Convention protects. The Authority's omission resulted in an unreasonable decision and requires remittal for reconsideration.