1801896 (Refugee)

The applicant, an Indonesian national, sought a protection visa in Australia. He claimed to have been persecuted by Indonesian police and local gangs due to his involvement in protests against drug gangs and police corruption in Bali. The applicant alleged he was arrested, beaten, and threatened in 2012, and subsequently harassed on subsequent visits to Indonesia. The case was heard by Mark Oakman, a member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution, as defined by the Migration Act 1958, such that Australia had protection obligations towards him. This required assessing the credibility of his claims, the nature of the alleged persecution, and whether effective protection measures were available to him in Indonesia. The Tribunal also considered whether there were any discrepancies or embellishments in the applicant's evidence and the relevance of country information regarding freedom of assembly and protests against corruption in Indonesia.

The Tribunal found that while the applicant was an Indonesian national and therefore Indonesia was the receiving country, there were issues with the credibility and substance of his claims. The Tribunal noted discrepancies and embellishments in his evidence, and that witnesses providing supporting information lacked first-hand knowledge of the events. Furthermore, the Tribunal considered country information indicating that protests against corruption in Indonesia were common and usually peaceful. Based on these considerations, the Tribunal concluded that the applicant had not established a well-founded fear of persecution.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa. The applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958, as he failed to demonstrate a well-founded fear of persecution or that Australia had protection obligations towards him.