1817133 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a protection visa. The applicant, an Indonesian citizen who arrived in Australia in February 2017, claimed to have fled Indonesia due to fear of harm from her ex-boyfriend. She alleged past sexual assault, forced cohabitation, and torture, and stated that her ex-boyfriend had connections with the police, hindering her ability to seek protection in Indonesia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing whether she qualified as a refugee under section 36(2)(a) due to a well-founded fear of persecution, or whether she met the complementary protection criterion under section 36(2)(aa) by facing a real risk of significant harm upon removal to Indonesia. The Tribunal also considered the definitions of "significant harm," "torture," and "cruel or inhuman treatment or punishment" as provided in the Act.

The Tribunal accepted the applicant's identity as an Indonesian citizen and her migration history. However, it found that the applicant did not satisfy the criterion in section 36(2) of the Act. The decision does not elaborate on the specific reasons for this finding, but it implicitly determined that the applicant did not establish a well-founded fear of persecution or a real risk of significant harm upon return to Indonesia, nor did she fall within the family unit provisions.

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