1928084 (Refugee)

The matter concerned an application for a protection visa by a male and female Shia citizen of Saudi Arabia. The applicants claimed they feared harm due to their religious beliefs as Shia Muslims and their political opposition to the Saudi regime, which they alleged discriminates against Shia individuals. The Tribunal was required to consider whether the applicants met the criteria for a protection visa, including the refugee criterion under section 36(2)(a) of the Migration Act 1958 (Cth) and the complementary protection criterion under section 36(2)(aa).

The Tribunal was tasked with determining the real risk of significant harm the applicants might face upon removal from Australia to Saudi Arabia. This involved assessing the country information regarding religious freedom and the treatment of Shia Muslims in Saudi Arabia, as well as the specific claims made by the applicants concerning their faith and political opinions. The Tribunal also had to consider the meaning of "significant harm" as defined in sections 36(2A) and (2B) of the Act and apply Ministerial Direction No. 84, including the Refugee Law Guidelines and Complementary Protection Guidelines.

The Tribunal concluded that the matter should be remitted for reconsideration. While the specific reasoning for this remittal is not fully detailed in the provided text, it is evident that the Tribunal considered substantial country information detailing the lack of religious freedom in Saudi Arabia, the criminalisation of acts contrary to sharia, and the designation of Saudi Arabia as a "Country of Particular Concern" for severe violations of religious freedom. The applicants' claims of fearing harm due to their Shia faith and political opposition to the regime were central to this assessment. The Tribunal ultimately determined that further reconsideration was necessary to properly determine the applicants' claims.