1610608 (Refugee)

This matter concerned an application for a protection visa by a woman born in Indonesia who had remained in Australia unlawfully since July 2011. The applicant claimed to fear harm from her ex-boyfriend, Mr A, if returned to Indonesia, alleging a history of violence and threats dating back to 1995, including an incident where he held a knife to her father's throat and tortured her. She also suspected Mr A was involved in her father's subsequent death and believed his brother, a police officer, would assist him in finding her, rendering Indonesian authorities unable to protect her. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to refuse the visa.

The primary legal issue before the AAT 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 determine if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and if effective protection measures were unavailable in Indonesia. The Tribunal also considered whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal, she would suffer significant harm, as defined by section 36(2A).

In its reasoning, the Tribunal noted inconsistencies in the applicant's evidence regarding the timeline of events and the nature of her relationship with Mr A. It found that the applicant had not established a well-founded fear of persecution, nor had she demonstrated that she would suffer significant harm upon return to Indonesia. The Tribunal considered the country information and guidelines, but ultimately concluded that the applicant had not provided sufficient credible evidence to establish that she could not access effective protection in Indonesia or that she would face a real risk of persecution or significant harm. The Tribunal affirmed the decision not to grant the applicant a protection visa.