1725845 (Refugee)

The applicant, an Indonesian national, sought review of the Minister's decision to refuse his protection visa application. The applicant claimed to have participated in demonstrations against corrupt government officials in Indonesia, resulting in his arrest, detention, threats, and subsequent monitoring by police. He expressed fear of further arrest or monitoring if returned to Indonesia, citing the pervasive influence of corrupt officials and the inability to obtain assistance from authorities. The Tribunal considered the applicant's claims in light of the available evidence, including country information on Indonesia.

The primary legal issues before the Tribunal were whether the applicant met the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth), and if not, whether he was entitled to complementary protection under section 36(2)(aa) of the Act. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of political opinion, and whether he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Indonesia.

The Tribunal affirmed the delegate's decision to refuse the protection visa. It noted that the applicant failed to attend the scheduled hearing and did not provide additional information to support his claims, despite being advised of the delegate's decision. The Tribunal emphasised that it was not required to make the applicant's case for him and that it needed to be satisfied of the statutory elements. Without the opportunity to examine the applicant's claims at a hearing, the Tribunal was unable to be satisfied that his alleged fear of harm met the threshold for serious harm or was for a proscribed reason under the Act. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.