1616170 (Refugee)

This decision concerns an application for a protection visa by an Indonesian citizen. The applicant claimed that he was forced to leave Indonesia due to threats and violence stemming from his refusal to join the ISIS group. The Administrative Appeals Tribunal was tasked with determining whether the applicant met the criteria for a protection visa under section 36 of the Migration Act and schedule two of the Migration Regulations, specifically whether Australia had protection obligations towards him on refugee or complementary protection grounds.

The Tribunal was required to assess the applicant's credibility and make findings of fact regarding his claims of persecution. Key issues included whether the applicant had a well-founded fear of persecution based on his refusal to join ISIS, the nature and severity of the threats and physical assault he alleged, and whether he could relocate within Indonesia to escape the danger. The Tribunal also considered whether the applicant had a right to enter and reside in a third country.

In its reasoning, the Tribunal accepted the applicant was an Indonesian citizen and that he had no right to enter a third country. While acknowledging the principle of giving the benefit of the doubt in credibility assessments, the Tribunal emphasised that this did not necessitate uncritical acceptance of all allegations. The Tribunal considered the applicant's written claims, including the alleged rumour spread by a preacher, [Leader A], which led to the loss of customers and shame for his family. The Tribunal also took into account the alleged physical assault in December 2014, which the applicant believed was orchestrated by [Leader A]. The Tribunal noted the applicant's fear of returning to Indonesia due to [Leader A]'s influence and network, and his family's inability to relocate. The Tribunal ultimately affirmed the decision under review.