2207647 (Refugee)

This matter concerned an application for a protection visa by an Indonesian national of Chinese ethnicity. The applicant claimed to fear persecution in Indonesia due to his ethnicity, citing past difficulties faced by his family, including financial demands, objections to their religious and cultural practices, and a lack of effective state protection. The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution on the basis of his Chinese ethnicity, both currently and in the foreseeable future, if returned to Indonesia.

The Tribunal considered the applicant's claims of discrimination, including demands for money, objections to Chinese traditions such as ancestor worship and the consumption of pork, and the failure of local authorities to provide adequate assistance. The applicant also asserted that upon return to his village, he would be targeted due to a belief that he possessed significant wealth, leading to threats of physical harm. The Tribunal also took into account country information and guidelines relevant to protection status determinations.

In its reasoning, the Tribunal affirmed the decision under review. While acknowledging the applicant's ethnicity and his claims of past difficulties, the Tribunal ultimately concluded that the applicant had not established a well-founded fear of persecution. The Tribunal accepted the applicant's identity and nationality, and that he had no right to reside in a third country. The Tribunal's assessment, informed by Ministerial Direction No. 84, led to the conclusion that the criteria for a protection visa were not met.