1834828 (Refugee)

The applicant, an Indonesian citizen, sought a protection visa. The dispute concerned whether the applicant faced persecution in Indonesia due to political opinion or a real risk of significant harm if returned to Indonesia. The decision was made by a Member of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of political opinion under section 5J(1)(a) of the Migration Act 1958, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Indonesia, the applicant faced a real risk of suffering significant harm under section 36(2)(aa) of the Act.

The Tribunal found the applicant to be a credible witness and accepted his evidence that he had not been involved in demonstrations or political activities in Indonesia or Australia. Consequently, the Tribunal concluded that the applicant did not face a real chance of persecution for reasons of political opinion. Regarding complementary protection, the Tribunal accepted the applicant's preference to remain in Australia for economic and family reasons but found that, based on his personal circumstances, work record, and capacity to subsist, he would be able to support himself financially if returned to Indonesia. The Tribunal was not satisfied that the applicant faced a real risk of significant economic hardship or denial of livelihood that would threaten his capacity to subsist.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958.