1511795 (Refugee)

The applicant, an Indonesian national of Chinese ethnicity and Christian faith, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, either under the "Refugee criterion" or the "complementary protection criterion." The matter came before the Tribunal for review of a delegate's decision to refuse the visa.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by the Migration Act 1958, or if he faced a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia, thereby meeting the complementary protection criterion. This involved assessing the applicant's claims of being targeted by Indonesian authorities due to his participation in demonstrations against government corruption, and considering the general country information regarding the risk of harm to individuals in Indonesia.

The Tribunal considered the applicant's evidence of attending three anti-corruption demonstrations between 2005 and 2014, which resulted in arrests and job losses. However, the Tribunal found that the applicant did not satisfy the "Refugee criterion" as his fear of persecution was not for a reason specified in section 36(2)(a) of the Act, nor did he demonstrate that he could not obtain protection from the Indonesian authorities or relocate within Indonesia to avoid risk. The Tribunal also noted that the applicant did not satisfy the criteria for complementary protection under section 36(2)(aa).

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.