1834369 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse a protection visa to an applicant from Indonesia. The applicant claimed she left Indonesia due to riots, racism, terrorism, and serious crime, but also stated she could relocate within Indonesia once circumstances improved. The applicant arrived in Australia on a tourist visa and subsequently applied for a protection visa, which was refused by the Department. She then sought review of this decision by the Tribunal.

The Tribunal was required to determine whether the applicant met the definition of a refugee under the Migration Act 1958 (Cth), specifically whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Indonesia, she faced a real risk of significant harm or a real chance of serious harm, and whether Australia therefore had protection obligations towards her. The Tribunal also considered the applicant's claims in light of relevant country information and guidelines.

The Tribunal found that the applicant's claims were largely speculative and lacked supporting evidence. It placed greater weight on credible country information from the Department of Foreign Affairs and Trade, which indicated a low risk of violence and a moderate risk of low-level discrimination in Indonesia. The Tribunal noted that the applicant had failed to provide additional evidence to the Department or the Tribunal despite being repeatedly advised to do so. The applicant's assertion that she could relocate within Indonesia also undermined her claim of being unable or unwilling to return due to a well-founded fear of persecution. The Tribunal concluded that the applicant had not satisfied the statutory elements required to establish Australia's protection obligations.