1727642 (Refugee)

The applicant, an Indonesian national, sought a protection visa in Australia. The dispute concerned whether Australia had protection obligations towards the applicant, who claimed to fear harm upon return to Indonesia due to economic hardship, inability to repay borrowed money, and threats from creditors. The matter was before the Tribunal for review of a decision not to grant the visa.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee under section 36(2)(a) of the Migration Act 1958, or if Australia had complementary protection obligations under section 36(2)(aa) due to a real risk of significant harm upon removal to Indonesia. This involved assessing the credibility and substance of the applicant's claims against relevant country information and the legal definitions of persecution and significant harm.

The Tribunal found that the applicant's claims regarding economic hardship and debt were unsubstantiated and did not establish a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. While acknowledging the applicant's account of borrowing money and subsequent threats, the Tribunal considered the country information indicating strong economic growth in Indonesia and concluded that the alleged economic harm did not meet the criteria for refugee status. Furthermore, the Tribunal found no substantial grounds to believe that the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed to Indonesia, nor that he could not reasonably relocate within Indonesia to avoid any such risk.

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