Country Guidance Note - Iran - Department of Immigration and ...

ights may come to the attention of Iranian authorities. There are also reports of
imprisonment and mistreatment of Arab activists.
Clear reasoning must be provided to illustrate how any claimed persecution relates to the
Convention ground of race and not another ground such as political opinion.
Consideration should be given to the application of s91R(1)(a) and the requirement that
the relevant Convention ground is the “essential and significant” reason for the
persecution. This is in addition to the requirements that the persecution involves serious
harm (considering the instances given in s91R(2)) and that the persecution involves
“systematic and discriminatory conduct”.
Whether or not a “real chance” of persecution exists if the client were to return to Iran must
also be considered. A ‘real chance’ is one that is not remote or far-fetched.
Questions for consideration
The following types of questions should be considered to support a well-evidenced,
transparent and robust assessment, regardless of the outcome:
• What evidence supports the applicant’s claims of persecution for the Convention
ground of race? How is the agent of persecution responsible for the harm feared?
• If the applicant is claiming fear of harassment by the Basij, is the harassment due to
their race? Why/why not?
• Certain acts of discrimination against minority groups may by themselves not constitute
serious harm. Is the discrimination or harm claimed sufficiently serious to be
considered persecution? Why/why not?
• Will the applicant, based on their race, be denied access to education or the ability to
generate a livelihood, noting the application of s91R(2) of the Act? What evidence
supports this?
• How does a ‘real chance’ of persecution exist if the applicant were to be returned to his
or her home region?
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