1727435 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual who claimed to have left Indonesia due to a fear of debt collectors. The Tribunal, presided over by Bridget Cullen, was tasked with determining whether Australia owed protection obligations to the applicant. The applicant had not provided any written evidence to the Tribunal, and the decision under review was the delegate's refusal of the protection visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under the Migration Act 1958. This involved assessing whether the applicant was a refugee within the meaning of the Act or whether Australia had complementary protection obligations due to a real risk of significant harm upon removal to Indonesia. The Tribunal was required to consider the applicant's claims in light of relevant country information regarding loan sharks and general crime in Indonesia.

In its reasoning, the Tribunal noted that the applicant's sole claim was a fear of debt collectors. The Tribunal reviewed country information from the Department of Foreign Affairs and Trade, which indicated that loan sharks in Indonesia are unlikely to lend money without collateral and that repossession of capital is more common than violence for non-payment. While acknowledging that the risk of violence from loan sharks could not be entirely ruled out, the information did not demonstrate a pattern of incidents or suggest that such a risk would be faced by the applicant personally, as opposed to the general population. The Tribunal also considered that most Indonesians have access to formal financial services. Given the lack of specific evidence from the applicant and the general country information, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.