1830033 (Refugee)

The applicant, a national of Indonesia, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Indonesia due to being a victim of loan sharks, experiencing physical assault, and facing threats of killing and eviction from their home. The applicant also argued they belonged to a particular social group.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a reason specified in section 36(2)(a) of the *Migration Act 1958* (Cth), considering the risk of harm from loan sharks and the availability of state protection and internal relocation within Indonesia. The Tribunal also had to assess whether the applicant constituted a particular social group.

The Tribunal found that while the applicant had experienced harm, the evidence did not establish a well-founded fear of persecution for a Convention reason. It noted that the applicant had not provided sufficient evidence to demonstrate that the loan sharks were acting with the complicity or at the instigation of the Indonesian state, nor that the state was unable or unwilling to protect the applicant. The Tribunal also concluded that the applicant did not constitute a particular social group as defined by the Convention. The Tribunal affirmed the Minister's decision.