2111243 (Refugee)

This matter concerned an application for a Protection visa by an unlawful non-citizen who had been in Australia for approximately ten years, having overstayed his student visa. The applicant claimed to fear harm upon return to Indonesia due to his family's opposition to government policies, which he alleged placed him on a watchlist and would lead to him being treated as a spy. He also raised concerns about family debt and potential harm from money lenders. The decision reviewed was made by a delegate of the Department of Home Affairs.

The primary legal issues before the delegate were whether the applicant had a well-founded fear of persecution or harm, and whether he met the criteria for a Protection visa under the Migration Act 1958 (Cth). This involved assessing the credibility of the applicant's claims, considering the significant delay in lodging his protection visa application after his arrival and visa expiry, and evaluating the evidence presented in support of his asserted fears. The delegate was also required to consider mandatory considerations, including relevant guidelines and country information.

The delegate found that the applicant did not have a right to enter and reside in any other country, and therefore was not excluded from Australia's protection obligations. However, after assessing the applicant's claims and the evidence, the delegate was not satisfied that there was any credibility attached to the applicant's assertions. The significant delay in applying for protection in Australia, coupled with a lack of substantive evidence supporting his claimed fears of persecution or harm from either the government or money lenders, led the delegate to conclude that the applicant did not have a well-founded fear.

Consequently, the delegate decided to affirm the refusal of the applicant's Protection visa application.