1613733 (Refugee)

This matter concerned an application for a protection visa by a male citizen from Denpasar, Bali, Indonesia. The applicant claimed he feared arrest and detention by the Indonesian Government and Police due to his attendance at demonstrations against government corruption. He stated he had been arrested and detained for one day on three separate occasions between January 2013 and May 2015. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa, either as a refugee or under the complementary protection provisions.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by the Migration Act 1958, or whether he faced a real risk of suffering significant harm as a necessary and foreseeable consequence of removal to Indonesia. The Tribunal also considered whether the applicant was a member of the same family unit as a person who met these criteria. The Tribunal examined the applicant's claims in light of relevant country information and guidelines, including Ministerial Direction No. 84.

The Tribunal found that the applicant did not satisfy the criterion for being a refugee, nor did he meet the complementary protection criteria. The Tribunal noted that the applicant had not provided evidence to suggest he was 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.