1516222 (Refugee)

The Administrative Appeals Tribunal considered the application of an Indonesian national for a Protection visa. The applicant claimed to fear returning to Indonesia due to substantial debts owed to a criminal organisation, alleging that non-payment would lead to his death or forced involvement in illegal drug trafficking. The Tribunal was required to determine whether the applicant met the criteria for a Protection visa, specifically whether he was a refugee under section 36(2)(a) of the Migration Act 1958 (Cth) or eligible for complementary protection under section 36(2)(aa).

The central legal issue was whether the applicant had a well-founded fear of persecution for a Convention reason, or a real risk of suffering significant harm upon return to Indonesia. The Tribunal examined the applicant's claims regarding his debt to a criminal organisation, the nature of that organisation, and the potential consequences of non-repayment. This involved assessing the applicant's credibility and the evidentiary basis for his claims, including the absence of documentary evidence for the alleged loan and repayments.

The Tribunal found that the applicant was an Indonesian national and that Indonesia was the country of reference for his claims. However, the Tribunal expressed significant concerns about the applicant's narrative, ultimately finding him to be not a credible witness due to fabricated and embellished claims. Without a credible account of the alleged debt and the threat posed by the criminal organisation, the Tribunal concluded that the applicant had not established a well-founded fear of persecution for a Convention reason, nor had he demonstrated a real risk of suffering significant harm upon return to Indonesia. Consequently, the Tribunal affirmed the delegate's decision not to grant the Protection visa.