1820182 (Refugee)

The applicant, a citizen of Indonesia, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse their application for a protection visa. The dispute centred on whether the applicant had a well-founded fear of persecution or serious harm if returned to Indonesia. The Administrative Appeals Tribunal (AAT) was tasked with determining the merits of the applicant's claim.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution or serious harm, as defined by the *Migration Act 1958* (Cth) and the Refugee Convention, by reason of a Convention ground. This required the Tribunal to assess the objective circumstances in Indonesia and the subjective fear of the applicant.

The Tribunal considered evidence regarding the general economic conditions in Indonesia but found that these conditions alone did not constitute serious harm for the purposes of a protection visa claim. Crucially, the Tribunal noted that the applicant had not previously experienced any harm in Indonesia. Based on the available evidence and the applicant's personal circumstances, the Tribunal was not satisfied that the applicant had a well-founded fear of serious harm. Consequently, the Tribunal affirmed the Minister's decision to refuse the protection visa.