1827291 (Refugee)

The applicant, an Indonesian national, sought review of a decision not to grant him a protection visa. The dispute concerned whether he met the criteria for a protection visa, either as a refugee or by facing significant harm upon removal to Indonesia. The matter was heard by Jessica McLeod.

The court was required to determine if the applicant had a well-founded fear of persecution in Indonesia for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J(1)(a) of the Migration Act 1958. Alternatively, the court had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Indonesia, the applicant faced a real risk of suffering significant harm, as per section 36(2)(aa) of the Act.

The court accepted the applicant's claimed identity and nationality as Indonesian, designating Indonesia as the receiving country. The applicant's claims involved a fear of revenge for unpaid business debts, threats of physical violence from a gang, and a lack of assistance from family, friends, and the police due to corruption and dire economic conditions. However, the court found that the applicant did not satisfy the criteria for being a refugee. Furthermore, the court concluded that the applicant did not meet the complementary protection criterion, meaning there were no substantial grounds to believe he would suffer significant harm upon removal.

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