2100442 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant's claims for protection were based on the alleged discrimination experienced by her Australian citizen son in Indonesia due to his father's Australian nationality. The applicant herself did not claim to face harm in Indonesia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under the complementary protection criteria in section 36(2)(aa) of the Act. The Tribunal was required to assess whether the applicant, or her son on whose behalf she was making claims, faced a real risk of significant harm if returned to Indonesia.

The Tribunal reasoned that the applicant's claims were predicated on the experiences of her Australian citizen son. However, as her son was an Australian citizen, he was not covered by the provisions of the *Migration Act 1958* in the manner required for the applicant's protection claim. The applicant had not established that she herself would suffer harm in Indonesia. Furthermore, the Tribunal noted that the applicant was eligible to apply for a spouse visa following her husband's death and could seek ministerial intervention, indicating alternative avenues for her immigration status.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the criteria under either the refugee or complementary protection provisions of the Act.