1616352 (Refugee)

The applicants, Indonesian citizens, sought protection visas in Australia. The dispute concerned whether they met the criteria for a protection visa, either under the 'refugee' criterion or on 'complementary protection' grounds. The case was heard by the Tribunal.

The Tribunal was required to determine if the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if they faced a real risk of suffering significant harm as a necessary and foreseeable consequence of removal from Australia. This involved assessing the credibility of the first applicant's claims of rape by police officers, subsequent sexual assault by a stranger, and ongoing fear of discrimination and harassment due to her ethnicity and religion in Indonesia.

The Tribunal considered the applicants' backgrounds and the first applicant's claims of discrimination against Chinese Indonesian Christians, including an alleged rape by police officers in 2008, a subsequent sexual assault, and fear of reprisal. The Tribunal also took into account relevant policy guidelines and country information. Despite the claims made, the Tribunal was not satisfied that the applicants met the criteria for a protection visa under section 36(2)(a) or (aa) of the Migration Act 1958.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the necessary criteria.