1805340 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant for a protection visa who had initially claimed to fear returning to Indonesia due to economic hardship, distrust of the judiciary and law enforcement, and threats from creditors. Subsequently, the applicant raised new claims alleging fear of harm as a homosexual man in Indonesia, citing conservative Muslim family values, the influence of Islam on Indonesian law and society, and instances of discrimination and harm against LGBTIQ+ individuals. The Tribunal was required to determine whether the applicant engaged Australia's protection obligations under either the refugee criterion (s 36(2)(a) of the Migration Act 1958) or the complementary protection criterion (s 36(2)(aa)).

The Tribunal's reasoning focused on the applicant's claims regarding his sexuality and the potential for harm in Indonesia. It considered the country information provided, which indicated that while same-sex relationships are not illegal, there is widespread official and societal discrimination. The Tribunal found that modifying behaviour to avoid persecution was not a reasonable or effective protection measure in this context, and that there was a real chance of harm in all areas of the country. The Tribunal also addressed the applicant's initial claims about debt, finding a reasonable explanation for the delay in disclosing his sexuality and drawing no adverse inferences.

Ultimately, the Tribunal concluded that the applicant satisfied the refugee criterion under s 36(2)(a) of the Migration Act. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant meets the requirements for a protection visa under that section.