1922340 (Refugee)

This matter concerned an application for a protection visa by a citizen of Saudi Arabia. The applicant claimed to fear detention, interrogation, torture, or death by Saudi Arabian authorities upon return, citing his illegal departure from Saudi Arabia after leaving the military and seeking asylum in Australia. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth).

The primary legal issue before the AAT was whether the applicant satisfied the refugee criterion under s 36(2)(a) of the Act, or alternatively, the complementary protection criterion under s 36(2)(aa). The latter criterion requires the Minister to be satisfied that there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal to a receiving country, the applicant faces a real risk of suffering significant harm. The AAT also considered mandatory considerations under Ministerial Direction No. 84, including the Refugee Law Guidelines and Complementary Protection Guidelines.

The Tribunal found that the applicant did not satisfy the refugee criterion under s 36(2)(a). Furthermore, the decision explicitly states that there was no suggestion the applicant satisfied the criteria under s 36(2) by being a member of the same family unit as a person who met those criteria. Consequently, the applicant was found not to satisfy the criterion in s 36(2) of the Act.