1729756 (Refugee)

The applicant, an ethnic Chinese Indonesian, sought a protection visa, claiming to have fled Indonesia due to racism and discrimination. The applicant alleged that Muslim Indonesians targeted his parents' shop, refused to pay for goods, and physically assaulted him and his parents when they sought payment. The applicant also cited broader concerns about rising anti-Chinese sentiment in Indonesia, particularly following a blasphemy case involving the Chinese Christian Governor of Jakarta. The Administrative Appeals Tribunal (AAT) affirmed the decision not to grant the visa.

The AAT was required to determine whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant was a refugee due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether Australia had protection obligations due to a real risk of significant harm upon removal to Indonesia under the complementary protection criterion in section 36(2)(aa).

The Tribunal considered the applicant's claims in light of the relevant legislative provisions and guidelines, including Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines. While the applicant provided evidence of past harm and discrimination, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. Specifically, the decision noted that there was no suggestion the applicant qualified as a refugee or met the complementary protection criterion, nor was there any indication that the applicant was a family member of someone who held a protection visa. Consequently, the Tribunal affirmed the decision to refuse the protection visa.