1926805 (Refugee)

The applicant, a male citizen of Saudi Arabia, sought a protection visa. The dispute concerned his claims for protection based on his renunciation of Islam, his political opinions expressed through online discussions and writings, and his gender diverse identity. The decision under review was made by the Refugee Tribunal.

The legal issues before the Tribunal included whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Act, specifically concerning his fear of persecution based on religion, political opinion, and membership of a particular social group. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which requires assessing the risk of significant harm if removed from Australia. This involved evaluating the country information regarding the treatment of anonymous social media activists and individuals with differing gender expressions in Saudi Arabia.

The Tribunal concluded that the matter should be remitted for reconsideration. It noted that the applicant had experienced significant psychological distress, including suicidal ideation, during his time in Saudi Arabia, particularly after a previous visa refusal. The applicant's claims regarding his gender expression were described as an expression of male identity in traditionally feminine ways. The Tribunal also considered the applicant's concerns about the Saudi government's pursuit of social media activists, even those posting anonymously, and the potential for deportation to his home country due to an expired passport. The Tribunal acknowledged the relevance of country information and Ministerial Directions in its assessment.