1721008 (Refugee)

The matter concerned an application for a protection visa by the primary and secondary applicants. The applicants claimed to fear persecution in Indonesia due to their ethnic Chinese background, citing historical anti-Chinese riots in 1998 and the potential for future violence driven by economic disparities. The decision reviewed was made by the Refugee Tribunal.

The court was required to determine whether the primary and secondary applicants met the criteria for a protection visa, specifically whether they qualified as refugees under section 36(2)(a) of the *Migration Act 1958* (Cth) or were entitled to complementary protection under section 36(2)(aa) of the Act. This involved assessing whether they held a well-founded fear of persecution for reasons of race, and whether there was a real chance of such persecution in Indonesia, or a real risk of significant harm upon removal.

The Tribunal found that neither the primary nor the secondary applicant had credible claims for protection. It concluded that there was no real chance they would be persecuted in Indonesia for reasons of race, and therefore they did not possess a "well-founded fear of persecution" as required by the Act. Furthermore, the Tribunal determined that there were no substantial grounds to believe that, as a necessary and foreseeable consequence of their removal to Indonesia, they would suffer significant harm.

Consequently, the Tribunal affirmed the decision not to grant a protection visa to either the primary or the secondary applicant.