1810895 (Refugee)

The applicant, a claimed Indonesian national, sought a protection visa. The dispute concerned whether the applicant met the criteria for a refugee visa or complementary protection. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution in Indonesia for one of the five prescribed reasons, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Indonesia, the applicant faced a real risk of suffering significant harm.

The Tribunal considered the applicant's claims of fearing her family due to their rejection of her marriage, her fear of loan sharks due to unpaid debts, and her lack of housing and employment prospects upon return. The Tribunal also took into account Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information. Ultimately, the Tribunal found that the applicant did not satisfy the criterion under section 36(2) of the Migration Act 1958, which relates to being a member of the same family unit as a person who holds a protection visa.

The Administrative Appeals Tribunal affirmed the decision not to grant the applicant a protection visa.