An Iranian woman requested international protection for the second time in Belgium on 31 March 2022, claiming a fear of being persecuted due to her conversion to Christianity and the fact that she carried out frequent activities on social media. She added that Iranian agents visited her parents’ home and carried out a search and her father was arrested for interrogation, and Iranian police were looking for her.  The applicant also raised as argument the position of women in Iranian society and pointed out that she does not wear or wish to wear a headscarf. She also cited recent country information on the situation of women and girls in Iran and in particular the national protests and demonstrations against the regime following the death of Mahsa Amini.

By decision of 5 July 2022, the Commissioner General for Refugees and Stateless Persons (CGRS) rejected the request as inadmissible, holding that the applicant did not add any new facts or evidence in support of her subsequent application for international protection, nor did the Commissioner General have such evidence that would significantly increase the likelihood of her being eligible for recognition as a refugee. The applicant appealed the decision.

The Council for Alien Law Litigation (CALL) allowed the appeal and sent the case back to the CGRS.

The Council noted that in view of the changed and up-to-date political, social and security situation in Iran since the adoption of the contested decision and submission of the lodging of the appeal in July 2022, in particular the many protests since autumn 2022 following the death of Mahsa Amini, as a result of her arrest and detention by the morality police for the wrong wearing of her headscarf, and in view of the applicant’s intention and desire not to wear headscarf, the case required further and thorough investigation.