1826734 (Refugee)

This matter concerned an application for review of a protection visa refusal. The applicant, who claimed to fear persecution in Indonesia following a traffic collision, sought review of the delegate's decision to refuse his application. The court was required to determine whether the applicant had a well-founded fear of persecution for one of the prescribed reasons under the Act, or if there was a real risk of significant harm upon return to Indonesia.

The court considered the applicant's claims, which included being threatened by men after a traffic incident and subsequent threats to his life. The applicant also expressed a lack of confidence in the police and the feasibility of relocating within Indonesia. The Tribunal had invited the applicant to attend a hearing to provide oral evidence and present arguments, providing notice via email and two SMS reminders.

Despite these invitations, the applicant failed to attend the scheduled hearing on 20 February 2024. The Tribunal made multiple attempts to contact the applicant by telephone on the morning of the hearing, but received no answer. The Tribunal was satisfied that the applicant had been properly notified of the hearing. Given the applicant's failure to attend and provide further evidence or arguments, the Tribunal proceeded to make a decision based on the material before it. The Tribunal affirmed the delegate's decision to refuse the protection visa.