1727988 (Refugee)

The applicant, a Chinese Indonesian national, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, either as a refugee or under complementary protection provisions, based on her claims of mistreatment and fear of persecution in Indonesia. The matter was heard by the Tribunal.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, nationality, or membership of a particular social group, as defined by the Migration Act 1958. If not, the Tribunal also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Indonesia, the applicant faced a real risk of suffering significant harm.

The Tribunal considered the applicant's evidence regarding historical discrimination against ethnic Chinese in Indonesia, including restrictions on language and names, and her experience during the 1998 riots in Jakarta. However, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. Specifically, it found that the applicant did not meet the refugee criterion under s 36(2)(a) of the Act, nor did she satisfy the complementary protection criterion under s 36(2)(aa). The Tribunal affirmed the decision not to grant the applicant a protection visa.