1728596 (Refugee)

This matter concerned an application for a protection visa by an Indonesian citizen who claimed to have fled her country due to fear of arrest and detention for participating in demonstrations against government corruption. The applicant alleged she had been arrested and detained on two occasions in 2015 and 2016 for attending these demonstrations. The decision under review was made by the Refugee Tribunal, presided over by Member Genevieve Hamilton.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically concerning the risk of persecution based on political opinion. This involved assessing the applicant's claims of engaging in political activity, the alleged actions of the Indonesian authorities against her, and the credibility of her evidence. The Tribunal was also required to consider the provisions of s 36(2) of the Act, including whether complementary protection obligations applied, and whether it would be reasonable for the applicant to relocate within Indonesia or obtain protection from an authority of that country, or if the risk faced was general to the population.

The Tribunal's reasoning focused on inconsistencies and a lack of supporting documentation in the applicant's claims. It noted discrepancies between her stated employment history and her evidence, particularly regarding the duration of her employment and the assistance she received in preparing her application. The Tribunal found that the applicant's claims about corruption were general and not sufficiently substantiated, and that her stated reasons for leaving Indonesia shifted during the hearing. Furthermore, the Tribunal considered that the risk of harm described by the applicant appeared to be faced by the population generally, rather than being specific to her.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the criterion in s 36(2) of the Act.