1826735 (Refugee)

This matter concerned an application for a protection visa by an individual who claimed to fear persecution upon return to the Republic of Indonesia. The applicant alleged that after making a comment about noisy men in a café, he was confronted and threatened with violence. He further claimed a friend warned him that the men were looking for him to kill him, prompting his departure to Australia. The applicant did not report the incident to the police, believing they could not offer adequate protection, nor did he relocate within Indonesia due to time constraints. The Administrative Appeals Tribunal (AAT) reviewed the delegate's decision to refuse the visa.

The core legal issues before the Tribunal were whether the applicant possessed a well-founded fear of persecution for one of the prescribed reasons under the Migration Act 1958 (Cth) (the Act), and if not, whether there were substantial grounds to believe that, as a necessary and foreseeable consequence of removal to Indonesia, the applicant faced a real risk of suffering significant harm. The Tribunal considered documentary evidence, including the applicant's visa application, identity documents, and a pre-hearing information form. The Tribunal also noted that the applicant had not been offered an interview by the Department.

The Tribunal applied the "real risk" test for significant harm, which it equated to the "real chance" standard for assessing a well-founded fear of persecution. It also considered relevant Ministerial Directions, Refugee Law Guidelines, Complementary Protection Guidelines, and country information from the Department of Foreign Affairs and Trade. The Tribunal noted that it had communicated with the applicant regarding the preparation of his case and requested a pre-hearing information form, which the applicant completed and returned. The Tribunal subsequently invited the applicant to a hearing, advising that a decision might be made without further notice if he failed to attend. The Tribunal also rescheduled the hearing and sent an SMS reminder, which unfortunately failed to be delivered.