1810295 (Refugee)

The applicant, an Indonesian woman of ethnic Chinese descent, sought review of a decision by the Refugee Tribunal not to grant her a protection visa. The applicant claimed to fear kidnapping, killing, extortion, and robbery by indigenous Indonesians due to her ethnicity. She alleged that her business was targeted, and despite reporting the incidents to the police, she received no assistance, leading her to believe the police would not protect her. She arrived in Australia in 2014 as a visitor and subsequently applied for a protection visa.

The primary legal issue before the Tribunal was whether the applicant had established a real risk of suffering significant harm if returned to Indonesia, as required by section 36(2) of the Migration Act 1958 (Cth). This involved assessing the credibility of her claims and considering whether any risk she faced was general to the population or specific to her circumstances as an ethnic Chinese individual. The Tribunal was also required to consider the provisions of section 36(2B) of the Act, which outline circumstances where a real risk of significant harm is not taken to exist, including the availability of reasonable internal relocation or protection from authorities.

The Tribunal considered the applicant's claims of discrimination and persecution, noting that she had failed to attend an interview with the Department to discuss her claims. While acknowledging the applicant's stated fears of harm, the Tribunal found that she had not demonstrated a real chance of suffering significant harm. The Tribunal's reasoning implicitly addressed the possibility of internal relocation or protection by not finding that such options were unavailable or inadequate. Furthermore, the Tribunal noted the absence of evidence regarding the visa status of the applicant's partner and concluded that the applicant did not satisfy the criteria for a protection visa under section 36(2) of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.