1816278 (Refugee)

The applicant, an Indonesian citizen from Ponorogo, sought a protection visa. The core of his claim was that he could not find suitable employment in Indonesia due to worsening economic conditions and a rising cost of living, which made it difficult to support his family and ailing parents. He stated he had not experienced harm in Indonesia and did not anticipate mistreatment upon return. The Tribunal considered his claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under section 5J of the Migration Act 1958, meaning he had a well-founded fear of persecution in Indonesia for one of the five specified reasons. Alternatively, the Tribunal had to determine if there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Indonesia, the applicant faced a real risk of suffering significant harm, as defined by section 36(2)(aa) of the Act.

The Tribunal found the applicant's evidence to be credible and accepted his account of his background, including his work as a farmer and labourer, his family responsibilities, and his financial difficulties in Indonesia. However, the Tribunal concluded that the applicant did not satisfy the criteria for being a refugee, as his claims related to economic hardship and employability rather than persecution for one of the protected reasons. Furthermore, the Tribunal found no substantial grounds to believe that the applicant would suffer significant harm upon removal to Indonesia, as his concerns were general economic conditions affecting the population broadly, rather than a personal risk of serious harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, as he did not meet the requirements under either section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958.