1928271 (Refugee)

This matter concerned an application for a protection visa by a citizen of Saudi Arabia. The applicant claimed to fear harm based on his political opinions, religion, and sexuality, which he expressed through social media activity. He also raised concerns about his ability to return to Saudi Arabia due to an expired national identity card and passport. The decision under review was made by the Refugee Tribunal, with the Honourable Denis Dragovic presiding.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically considering his claims of persecution due to political dissent, criticism of religious and societal norms, and his sexuality. This involved assessing the credibility of his claims, the nature and extent of any threats he faced, and the risk of significant harm upon removal from Australia. The Tribunal also had to consider the complementary protection criterion, which assesses the risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country.

The Tribunal's reasoning focused on the evolving nature of the evidence and the applicant's circumstances. It noted that while some threats from social media accounts were not considered credible, the applicant had faced personal threats from a journalist while in Australia. The Tribunal also considered the prevalence and social tolerance of same-sex activity in Saudi Arabia, despite its illegality, and the extent of surveillance on political dissenters. Crucially, the Tribunal found that the applicant's expired identity documents presented a barrier to his unhindered departure and renewal, which could impact his ability to enter and reside in a third country.

For these reasons, the Tribunal concluded that the matter should be remitted for reconsideration.