1720960 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse to grant a protection visa. The applicant claimed to have left Indonesia to avoid harm and arrest by the Indonesian government and police due to his participation in demonstrations against government corruption. He alleged he had been arrested and detained on multiple occasions for attending such protests.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution, or under section 36(2)(aa), which concerns the risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country. The court also considered the applicant's credibility, the consistency of his claims and evidence, and the implications of his voluntary returns and delay in applying for the visa.

The Tribunal found that the applicant's claims and evidence were inconsistent and uncorroborated. Specifically, the applicant provided conflicting accounts regarding assistance with his visa application, his English language proficiency, and his residential and postal addresses. The Tribunal also noted that the applicant was one of four individuals with nearly identical claims and the same postal address, raising further concerns about credibility. Given these inconsistencies and the lack of credible evidence, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

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