1831991 (Refugee)

This matter concerned an application for a protection visa by an Indonesian national of Chinese ethnicity. The applicant claimed to fear harm from her former partner, Mr. A, due to past domestic violence. The Tribunal was required to determine whether the applicant met the criteria for a refugee or was entitled to complementary protection.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required for refugee status under section 5H(1) and section 36(2)(a) of the Act. Additionally, the Tribunal considered whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Indonesia, the applicant would suffer significant harm, which is the criterion for complementary protection under section 36(2)(aa) and section 36(2A) of the Act.

The Tribunal accepted the applicant's identity and nationality as an Indonesian of Chinese ethnicity. However, it found that the applicant did not have a well-founded fear of persecution for any of the reasons specified in the Act for refugee status. The Tribunal accepted that the applicant had experienced domestic violence from her former partner between 2008 and 2011. Nevertheless, the Tribunal found that the applicant had had no contact with Mr. A since 2011 and did not accept that he had ever attempted to contact or harm her since she left him. While acknowledging disputes involving her mother and brother, the Tribunal concluded that these did not constitute a real chance of persecution for the applicant herself. Consequently, the Tribunal determined that the applicant did not meet the refugee criterion.

The Tribunal affirmed the decision under review, finding that the applicant did not meet the requirements for a refugee visa.