1934430 (Refugee)

The applicant, a bisexual woman from Saudi Arabia, sought a protection visa. The dispute concerned whether she met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution or faced a real risk of significant harm if returned to Saudi Arabia. The matter was before the Tribunal.

The Tribunal was required to determine if the applicant was a refugee within the meaning of section 36(2)(a) of the *Migration Act 1958* (Cth), or if she met the complementary protection criterion under section 36(2)(aa) of the Act. This involved assessing whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether she would suffer significant harm as a necessary and foreseeable consequence of removal to Saudi Arabia. The Tribunal also considered the definitions of "significant harm," "refugee," and "well-founded fear of persecution," as well as the concept of "membership of a particular social group" and the availability of "effective protection measures."

The Tribunal accepted the applicant's evidence regarding her background, including her education, work history, and family circumstances. It considered country information relevant to Saudi Arabia, noting the absence of a specific DFAT report. The Tribunal found that the applicant satisfied the criterion set out in section 36(2)(a) of the *Migration Act*.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.