1704438 (Refugee)

This matter concerned an application for a protection visa by a Sudanese national who was born and raised in Saudi Arabia. The applicant claimed he did not know the society he would return to, did not know the language, perceived the Sudanese government to be racist, and was concerned about the general security situation. He also presented a psychologist's report indicating he suffered from post-traumatic stress disorder, leading the Tribunal to accept he was a vulnerable person. The applicant's claims regarding his parents' expulsion from Saudi Arabia and subsequent deaths were central to his case.

The legal issues before the Tribunal included determining the applicant's credibility, particularly concerning his claims about his parents' circumstances and his own identity and connection to Sudan. The Tribunal was required to assess whether the applicant met the refugee criterion under s.36(2)(a) of the Migration Act 1958 (Cth) or, alternatively, the complementary protection criterion under s.36(2)(aa) by considering whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, there was a real risk of significant harm. The Tribunal also had to consider mandatory considerations under Ministerial Direction No. 56, including relevant policy guidelines and country information.

The Tribunal found the applicant's account regarding his parents' expulsion from Saudi Arabia and their subsequent deaths lacked plausibility, particularly the claim that they communicated only via cassette tapes for an extended period. Furthermore, the Tribunal found that the applicant's father possessed a valid residency permit (Iqama) at the time the applicant claimed he was living illegally and had been expelled, contradicting the applicant's narrative. Based on these credibility findings, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Sudan.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant's protection visa application was refused.