1508681 (Refugee)

The applicant, an Indonesian of ethnic Chinese descent, sought a Protection visa in Australia, claiming he feared harm in Indonesia due to discrimination based on his ethnicity. He alleged a history of being targeted by indigenous Indonesian males, including physical assault, theft, and threats, and claimed that the Indonesian police, also being indigenous Indonesians, had failed to provide protection and had even detained him. The applicant contended that this persecution stemmed from his ethnic background and that he feared harm from both the perpetrators and the authorities.

The core legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa under section 36(2) of the *Migration Act 1958* (Cth). This required the Tribunal to assess the credibility of the applicant's claims of persecution and to determine if he had established a well-founded fear of persecution for a Convention reason, specifically race or membership of a particular social group, and whether the Indonesian state was unable or unwilling to protect him. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal considered the applicant's claims of discrimination and violence, including incidents of theft, assault, and threats from indigenous Indonesian males, and his assertion that the police were complicit or ineffective. However, the decision focused on a specific criterion within section 36(2) of the Act, noting that there was no suggestion the applicant satisfied the requirements based on being a member of the same family unit as a person who already held a Protection visa. Consequently, the Tribunal found that the applicant did not satisfy this particular criterion of the Act.

The Tribunal affirmed the decision not to grant the applicant a Protection visa.