| Sameen* is a citizen of Iran, but has been living and | | | | satisfied that Sameen's conversion to Christianity was |
| studying in Australia for nearly 3 years. She presently | | | | genuine, and that she could not easily re-integrate into |
| has a student visa, and is aged 27. Unless Sameen | | | | Iranian society due to her new faith. |
| can obtain permanent residency, she will need to leave | | | | During the 2007-08 year, people born in Iran were one |
| Australia when her studies are completed. However, | | | | of the ten largest groups granted offshore visa grants |
| having recently converted to Christianity while in | | | | by the Australian Government, which may be an |
| Australia, Sameen is concerned that she will be | | | | indication that the Australian Government recognizes |
| discriminated against if she returns to Iran. She | | | | Iran as a country where people are persecuted for |
| therefore wants to stay and live permanently in | | | | reasons of race, religion, nationality, membership of a |
| Australia. (* name changed) | | | | particular social group, or political opinion. The top ten |
| One option which may be available to Sameen is to | | | | birth countries in the 2007-08 report were (in order of |
| make an application for protection (refugee status), | | | | the number of offshore visa grants): Burma/Myanmar, |
| which can be made while she is in Australia, but the | | | | Iraq, Afghanistan, Sudan, Liberia, Congo (DRC), Burundi, |
| outcome will depend on whether Sameen meets the | | | | Iran, Sierra Leone, and Sri Lanka. |
| definition of a refugee, as per the United Nations 1951 | | | | If Sameen is refused a protection visa, she cannot |
| Convention that Australia has signed. The Convention | | | | usually apply again. Moreover, she may be refused |
| defines refugees as people who: | | | | any other kind of visa while she remains in Australia, |
| (a) are outside their country of nationality or their usual | | | | and it may be necessary for her to return home to |
| country of residence, | | | | Iran even if she intends to apply for permanent |
| (b) are unable or unwilling to return to their home | | | | residency on some other basis. |
| country, or to seek the protection of that country, due | | | | Sameen might also investigate the visa options for |
| to a well-founded fear of being persecuted for | | | | employer sponsored workers (who must have |
| reasons of race, religion, nationality, membership of a | | | | qualifications and skills/or experience in particular |
| particular social group, or political opinion, and | | | | occupations required in Australia), regional employment |
| (c) are not war criminals or people who have | | | | programmes (which aim to attract young - below age |
| committed serious non-political crimes. | | | | 45 - skilled migrants to areas of Australia where they |
| As Sameen is living outside her home country, and | | | | are most needed), or visa options for family migration |
| does not have any criminal convictions or history, she | | | | (if she has family members in Australia, or has an |
| may only need to show that her conversion to | | | | Australian fiance or partner). Although it is not |
| Christianity means she would be persecuted in Iran. | | | | necessary to use a migration agent to apply for a visa |
| However, "persecuted" may mean more than just | | | | in Australia, a migration agent can advise regarding all |
| discrimination, so it will depend on whether the | | | | visa options. Migration agents operating in Australia, |
| Australian Department of Immigration and Citizenship | | | | who offer immigration assistance services, must be |
| believes that forcing Sameen to return to Iran would | | | | registered with the Office of Migration Agents |
| result in her suffering serious punishment or penalty, or | | | | Registration Authority. Migration agents operating |
| some significant detriment or disadvantage. The | | | | outside Australia may be registered with the Office of |
| decision-maker in the Australian Department of | | | | Migration Agents Registration Authority, and must also |
| Immigration and Citizenship would also have to be | | | | comply with relevant laws in their country of operation. |