1806834 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse protection visas to a family of three, who claimed to be of ethnic Chinese descent residing in Indonesia. The applicants sought protection based on alleged racial discrimination and ongoing extortion demands and threats from local Muslims, asserting a failure by Indonesian authorities to provide adequate protection.

The Tribunal was required to determine whether the applicants met the definition of a refugee under section 5H(1) of the Migration Act 1958 (Cth), specifically whether they had a well-founded fear of persecution for reasons of race or membership of a particular social group. Additionally, the Tribunal considered whether the applicants would suffer significant harm if returned to Indonesia, as contemplated by the complementary protection provisions under section 36(2A) of the Act.

The Tribunal found that while the applicants might experience low-level discrimination and harassment due to their ethnicity, and potentially be subjected to demands for money or bribes from corrupt officials, these circumstances did not rise to the level of persecution or significant harm as defined by the Act. The Tribunal noted credibility concerns regarding the applicants' claims, particularly in light of inconsistencies with their initial application and the lack of corroborating evidence. The Tribunal concluded that there were not substantial grounds to believe that the applicants faced a real risk of arbitrary deprivation of life, the death penalty, torture, or cruel, inhuman, or degrading treatment or punishment upon return to Indonesia.

Consequently, the Tribunal affirmed the delegate's decision to refuse the grant of the protection visas, finding that the applicants did not meet the criteria for either a protection visa under section 36(2)(a) or the complementary protection provisions.