A CONVERT to Christianity who claims he faces the threat of harsh repression if forced to return to his native Iran had a crucial legal claim dismissed in London's High Court yesterday.

Ciamak Smaili, now living in Thornton Court, Washington, says he and fellow Christians were compelled to worship in secret due to the atmosphere of intolerance in the Shia Muslim state.

The 35-year-old left Iran three years ago, seeking a more relaxed religious environment, and having attracted the attention of the Iranian religious police, the High Court heard.

But his asylum claim was rejected by the Home Secretary in November 2002, on the basis that he is unlikely to risk persecution if returned to his homeland.

Removal directions were also issued against Mr Smaili, which he has since fought to overturn through the legal system.

An immigration adjudicator struck down the Home Secretary's decision last December, prompting the Home Office to challenge that decision before the Immigration Appeals Tribunal.

Early this year, the tribunal upheld the Home Secretary's appeal, allowing the case to have a fresh hearing before the adjudicator.

Mr Smaili's lawyers yesterday sought a judicial review of that decision in the High Court but, after an hour-long hearing, Mr Justice Stanley Burnton rejected the legal challenge.

He ruled that there was no compelling evidence that Mr Smaili would engage in preaching if returned to Iran.

Expert evidence suggested that only those involved in active Christian "evangelising" were at risk of severe harassment from the state, the court heard.

"Mr Smaili will now have a hearing before a fresh adjudicator," the judge added.

"If he has a well-founded fear of persecution, I have no reason to think that the adjudicator will not uphold his claim."