2306032 (Refugee)

This matter concerned an application for a protection visa by an Indonesian citizen. The applicant's father had also made a protection visa application. The dispute before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of the *Migration Act 1958* (Cth) or, alternatively, whether he faced a real risk of suffering significant harm as a necessary and foreseeable consequence of removal to Indonesia, thereby engaging Australia's complementary protection obligations. The Tribunal was also required to consider whether the applicant was a member of the same family unit as a person who met these criteria.

The Tribunal found that the applicant's protection visa application form did not articulate any personal claims for protection. The supporting documents provided, including those relating to his father's alleged debt, were not accompanied by explanations of their relevance to the applicant's own claims. The Tribunal was not satisfied that the applicant's father continued to owe the claimed debt, nor that repayment would be sought in a manner that would result in serious or significant harm to the father or the applicant. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or faced a real risk of significant harm. The Tribunal affirmed the delegate's decision not to grant the protection visa and decided not to refer the case to the Minister for Ministerial intervention.