1605785 (Refugee)

This matter concerned an application for protection visas by a family unit, with the primary applicant being an ethnically Chinese Indonesian Christian businessman. The dispute centred on whether the applicant and his family faced a real risk of significant harm in Indonesia, thereby engaging Australia's protection obligations. The decision was made by David McCulloch, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant, based on his ethnicity, religion, or his past experiences as a businessman employing Indonesians, faced a real risk of significant harm if returned to Indonesia. The Tribunal was required to assess the credibility of the applicant's claims and consider the available country information and independent evidence regarding the treatment of ethnic Chinese and Christians in Indonesia.

The Tribunal found that while there was some evidence of discrimination and isolated instances of harm against ethnic Chinese and Christians in Indonesia, these did not, on the balance of probabilities, establish a real risk of significant harm to the applicant. The Tribunal noted credibility concerns, including the applicant's late introduction of claims based on religion and the lack of consistent evidence supporting the severity of past business intimidation. The Tribunal accepted that the applicant had suffered mental trauma from past events, but concluded this did not translate into a present or foreseeable risk of significant harm. The Tribunal also considered the applicant's claims regarding his religion, noting that while localised discrimination and violence against Christians occurred, country information suggested they could generally practice their faith freely, and the applicant's own history did not demonstrate a heightened risk.

Ultimately, the Tribunal affirmed the decision not to grant the protection visas, finding that there were no substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of his removal to Indonesia. Consequently, the applicants did not satisfy the criteria for a protection visa.