1610609 (Refugee)

The Administrative Appeals Tribunal considered the application of a person seeking a protection visa. The applicant arrived in Australia in January 2014 and remained in the country unlawfully after her temporary visa expired in April 2014, before applying for protection in July 2015. The dispute centred on whether the applicant had a well-founded fear of persecution if returned to Indonesia.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether she was a refugee within the meaning of the Migration Act 1958. This involved assessing whether she held a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether there was a real chance of persecution involving serious harm in Indonesia. The Tribunal also considered whether effective protection measures were available to the applicant in Indonesia and whether she could reasonably relocate within the country to avoid any risk.

The Tribunal found that the applicant's claims of fear of retribution from thieves, while acknowledged, did not establish a well-founded fear of persecution for a Convention reason. The evidence presented regarding the threats and harassment was inconsistent and lacked sufficient detail to demonstrate a real chance of serious harm. Furthermore, the Tribunal noted the significant delay in the applicant’s protection claim and the lack of new evidence presented at the hearing. The Tribunal applied the principles outlined in sections 5J and 36 of the Migration Act 1958, considering the definition of a refugee, the elements of a well-founded fear of persecution, and the concept of serious harm. The Tribunal concluded that the applicant had not demonstrated that she would face persecution for a Convention reason, nor that she could not access effective protection or relocate within Indonesia.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.