1802767 (Refugee)

The applicant, a citizen of Indonesia, sought review of a decision by the Minister to refuse to grant her a protection visa. The applicant claimed she feared harm from two former stepfathers. She alleged that the first stepfather had intimidated, beaten, and sexually assaulted her, and that the second stepfather had physically assaulted her. The applicant had relocated within Indonesia for work but claimed a chance encounter with the first stepfather, coupled with his alleged connections to the police and judiciary, meant he could still trace and harm her.

The Administrative Appeals Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). Specifically, the Tribunal had to assess whether the applicant's past experiences were accepted and whether, in light of her current circumstances, including her age, marriage to a citizen of another country, and the possibility of residing there, she continued to hold a well-founded fear of harm.

The Tribunal accepted the applicant's past experiences of harm. However, it found that the passage of time, her relocation, and her current status as an adult married to a citizen of another country with the possibility of residing there, meant that her fear was no longer well-founded. The Tribunal reasoned that these changed circumstances diminished the likelihood of her facing the feared harm, thereby negating the basis for a protection visa.

The Tribunal affirmed the decision under review, meaning the Minister's refusal to grant the protection visa was upheld.