1827552 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a Protection visa. The applicant, who is from Pontianak, Indonesia, claimed to have left his country due to an extramarital affair that led to a death threat from the wronged businessman. He asserted that Indonesian authorities would not provide protection due to a lack of evidence and the businessman's influence. 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 section 5H(1) of the *Migration Act 1958* (Cth) or if Australia had protection obligations towards him under section 36(2)(a) of the Act.

The Tribunal's reasoning focused on the applicant's failure to provide any supporting evidence for his claims, despite repeated requests from both the Department and the Tribunal. The applicant had also failed to attend a scheduled hearing. The Tribunal noted that the applicant had overstayed his visa in Australia and had left all character-related questions in his application blank. Considering the lack of evidence and the applicant's non-engagement, the Tribunal found that the applicant had not established a well-founded fear of persecution. Furthermore, the Tribunal considered the possibility of state protection and internal relocation within Indonesia, but the applicant's claims regarding these were unsubstantiated.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a Protection visa. The Tribunal was not satisfied that the applicant was a refugee as defined by the Act, nor that Australia had protection obligations towards him.