1512062 (Refugee)

The Administrative Appeals Tribunal considered the claims of applicants seeking protection visas. The applicants, who were born in Indonesia and identified as Catholic Christians, alleged that the primary applicant had discovered corrupt activities at his former workplace. He claimed to have received threats from a senior employee involved in this corruption, who allegedly threatened to harm him if he reported the matter or if he returned to Indonesia. The applicants did not provide documentary evidence to support these claims.

The Tribunal was required to determine whether the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J of the Migration Act 1958. Additionally, the Tribunal had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of their removal to Indonesia, the applicants faced a real risk of suffering significant harm, as outlined in section 36(2A) of the Act. This involved assessing the credibility of the applicants' claims and considering available country information.

The Tribunal found that the applicants had not established a well-founded fear of persecution. It noted the lack of documentary evidence to substantiate the claims of threats and corruption. Furthermore, the Tribunal concluded that there were no substantial grounds for believing that the applicants would suffer significant harm upon return to Indonesia. The Tribunal applied the principles of Ministerial Direction No. 56 and relevant guidelines concerning refugee and complementary protection, as well as country information assessments.

Consequently, the Tribunal affirmed the delegate's decision to refuse to grant the applicants protection visas.