1708100 (Refugee)

The applicant, a person living with HIV, sought a protection visa, contending they held a genuine fear of returning to Indonesia due to societal discrimination and barriers to accessing specialised medical care and medication. The decision under review was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant constituted a "particular social group" for the purposes of Australia's protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth). This involved determining if persons living with HIV in Indonesia faced persecution or significant harm due to societal discrimination, and whether relocation within Indonesia was a viable option to mitigate such risks.

The Tribunal found that the applicant was a member of a particular social group, namely persons living with HIV in Indonesia. It was satisfied that the applicant had a genuine fear of returning to Indonesia due to the significant societal discrimination faced by individuals with HIV, which created substantial barriers to accessing essential medication and specialised medical care. The Tribunal concluded that relocation within Indonesia was not a practical or available solution for the applicant to overcome these barriers and avoid harm.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.