1618904 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, a Chinese Indonesian, claimed to have fled Indonesia due to racism and threats of harm from native Indonesians, including property destruction, physical assault, and threats of kidnapping. The applicant also alleged incidents of religious discrimination and harassment targeting Christians and Chinese Indonesians, and expressed fear of further harm if returned to Indonesia.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution, as defined by the Migration Act 1958. This required assessing whether the applicant's fear was based on race, religion, nationality, membership of a particular social group, or political opinion, and whether there was a real chance of persecution involving serious harm, which was systematic and discriminatory. The Tribunal also considered whether effective protection measures were available to the applicant in Indonesia, or if it would be reasonable for the applicant to relocate within Indonesia to avoid such risks.

The Tribunal found that the evidence presented did not establish a well-founded fear of persecution. While acknowledging the applicant's claims of racism and various incidents, the Tribunal concluded that these did not meet the threshold for persecution under the Act. Specifically, the Tribunal did not find that the applicant would face a real risk of serious harm that was systematic and discriminatory, nor that the Indonesian authorities were unable or unwilling to provide protection. The Tribunal also considered the possibility of relocation within Indonesia, but ultimately affirmed the delegate's decision.

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