1701188 (Refugee)

The applicant, an Indonesian citizen, sought review of a decision not to grant him a protection visa. The applicant claimed he feared arrest and persecution by the Indonesian government due to his participation in demonstrations against government corruption. He alleged he had been arrested and detained on previous occasions for attending such demonstrations and that, upon returning to Indonesia in August 2014, police had visited his home and informed his wife that he was required to report to the police station within two weeks, which he believed indicated an imminent risk of arrest.

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia held protection obligations, or complementary protection obligations, under the relevant legislation. This required the Tribunal to assess the credibility of the applicant's claims and determine if he had a well-founded fear of persecution or a real risk of suffering significant harm if returned to Indonesia, considering the provisions of the *Migration Act 1958* and applicable policy guidelines.

The Tribunal considered the applicant's claims in light of established legal principles regarding refugee status determination, including the potential for credibility issues arising from trauma, communication difficulties, and the desperate circumstances of applicants. It acknowledged that while these factors are relevant, they do not preclude an adverse credibility assessment if inconsistencies or lack of belief are sufficiently established. The Tribunal also had regard to Ministerial Direction No. 56 and relevant country information. Ultimately, the Tribunal concluded that the decision under review should be affirmed.

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