1621151 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a protection visa. The applicant, an Indonesian national, arrived in Australia in August 2013 and became unlawful in November 2013, subsequently applying for a protection visa in August 2015. The core of the dispute revolved around the applicant's claims of fearing harm from her uncle in Indonesia, which she initially made in her written application, and her later retraction of these claims at a hearing, stating they were fabricated by a friend.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her return to Indonesia, she faced a real risk of suffering significant harm under section 36(2)(aa). This involved assessing the credibility of her claims, considering the evidence presented, and applying the relevant guidelines and country information.

The Tribunal found that the applicant's initial claims of rape and threats by her uncle were not credible, as she later admitted at the hearing that these claims were untrue and had been made up by a friend who completed her application. She also stated she had no idea what the application contained at the time of lodgement. Instead, she presented new claims regarding her husband's business failure, significant debts, and the risk of her parents' family home being sold, which she believed prevented her return to Indonesia. However, the Tribunal concluded that the applicant did not satisfy the criterion in section 36(2) of the Act, as she had not established a well-founded fear of persecution or a real risk of significant harm upon return to Indonesia, particularly in light of her admitted fabrication of the initial claims.

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