1513572 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to affirm the refusal of a protection visa. The applicant, who identified as Christian and ethnic Chinese, claimed to fear persecution in Indonesia due to an imputed political opinion related to anti-corruption activism, alleging past police detention and beating, and fearing ongoing discrimination and violence.

The primary 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 applicant's claims of persecution and determine if they established a well-founded fear of persecution for a Convention reason, or if they would suffer significant harm if returned to Indonesia.

The Tribunal Member, Paul Millar, found that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth). The decision explicitly stated that there was no suggestion the applicant satisfied the criteria based on being a member of the same family unit as a person who held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.