1836491 (Refugee)

The applicant, an ethnic Chinese Indonesian of Catholic faith, sought review of a delegate's decision to refuse his protection visa application. The applicant claimed he faced discrimination in employment, education, and religion due to his ethnicity and religious beliefs. He alleged that ethnic Chinese were denied certain rights, including freedom of speech and political opinion, and were subject to harassment by Muslim extremists and government officials.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he would suffer "significant harm" as defined by section 36(2A) of the Act. This definition includes arbitrary deprivation of life, the carrying out of the death penalty, torture, or cruel, inhuman, or degrading treatment or punishment. The Tribunal also considered the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments prepared by government departments.

The Tribunal considered the applicant's claims of discrimination and persecution. However, it found that the applicant did not satisfy the criteria for a protection visa under clause 866.221, as there was no suggestion he was a member of the same family unit as a person who held a protection visa. Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Protection (Class XA) visa.