1821923 (Refugee)

The applicant, an Indonesian national, sought review of the decision to refuse his protection visa application. The dispute centred on whether the applicant had a well-founded fear of persecution if returned to Indonesia, as required for the grant of a protection visa. The matter was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the Migration Act 1958. This involved assessing whether he held a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether such persecution would involve serious harm and systematic, discriminatory conduct. The Tribunal also considered whether effective protection measures were available to the applicant in Indonesia and whether he could reasonably relocate within Indonesia to avoid any risk of harm.

The Tribunal found that the applicant's claims for protection were not substantiated. While the applicant expressed concerns about financial hardship and his inability to support his parents' medical expenses if he returned to Indonesia, these concerns did not amount to a well-founded fear of persecution as defined by the Act. The Tribunal noted that the applicant had worked and lived in Australia for a significant period, had established employment, and was able to send substantial financial support to his family. The applicant's stated reasons for leaving Indonesia were to study and save money, and his primary concern upon return was the inability to support himself and his parents, rather than a fear of being persecuted by the Indonesian authorities or society for a protected reason. The Tribunal concluded that the applicant did not satisfy the criterion of being a refugee.

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