1723979 (Refugee)

The Administrative Appeals Tribunal considered the case of an Indonesian national seeking a protection visa. The applicant, who identified as ethnic Chinese and Buddhist, claimed to fear persecution in Indonesia. The Tribunal was tasked with determining whether the applicant met the criteria for a protection visa, either as a refugee or under complementary protection provisions.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of race, religion, or political opinion, and whether there were substantial grounds to believe that, as a necessary and foreseeable consequence of removal to Indonesia, the applicant would suffer significant harm. The Tribunal also had to consider whether the applicant was provided a meaningful opportunity to give evidence and whether Indonesia was a country to which the applicant could be returned.

The Tribunal applied the criteria set out in sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth), along with the definitions of "refugee" and "significant harm" contained within the Act. It considered country information and guidelines provided by government departments. The Tribunal found that the applicant had been given a meaningful opportunity to present his case and that Indonesia was his receiving country, with the capacity for him to renew his passport there. Crucially, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Indonesia.

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