2007443 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a national of Saudi Arabia, claimed to fear persecution from Saudi authorities due to his association with his relative, Sheikh Safar Al-Hawali, a prominent critic of the Saudi government, and his own activities on social media. The applicant contended that he had been surveilled by other Saudi students in Australia and that his brother had received a letter from the Saudi Navy requesting his return, which he interpreted as a warning.

The court was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under the Act, or whether there was a real chance of suffering significant harm as a necessary and foreseeable consequence of removal to Saudi Arabia. These issues necessitated an assessment of the applicant's credibility and the objective likelihood of him facing harm from the Saudi regime.

The court considered the documentary evidence, including the applicant's visa application, supporting letters, country information, and social media postings. It noted that while the applicant claimed to have communicated privately with activists and human rights organisations, and had a social media presence, there was no evidence that he had "outed" himself publicly in a manner that would attract the attention of the Saudi authorities. The court found no evidence that the applicant was of any political interest to the Saudi regime or that he had been directly threatened. Consequently, the court was not satisfied that the applicant had established a well-founded fear of persecution or a real risk of significant harm upon return to Saudi Arabia.

The review decision affirmed the delegate's refusal of the protection visa.