2315190 (Refugee)

This matter concerned an application for a protection visa by an Indonesian national. The applicant claimed he would face significant harm if returned to Indonesia due to his sexuality, specifically identifying as bisexual. The Administrative Appeals Tribunal considered the applicant's claims regarding his sexual identity, his past experiences in Indonesia, and the current situation for LGBTQI+ individuals in that country.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either under the refugee convention or under complementary protection provisions. This involved assessing whether the applicant had a well-founded fear of persecution or a real risk of suffering significant harm as a necessary and foreseeable consequence of removal to Indonesia, particularly in light of his stated bisexuality and the societal context in Indonesia. The Tribunal was required to consider the applicant's evolving understanding of his sexuality, including his struggles with heterosexual monogamy and ongoing attraction to men, and how these factors would expose him to harm.

The Tribunal reasoned that the applicant's sexuality, particularly his bisexuality and his inability to conceal his attraction to men, constituted a particular social group for the purposes of protection. It noted that the applicant had previously been attacked in Indonesia due to his presumed homosexuality and that the situation for LGBTQI+ individuals in Indonesia was deteriorating. The Tribunal also considered the applicant's recent marriage and his wife's statement regarding his struggles with monogamy and an incident of infidelity, which further underscored the complexity of his sexual identity and its potential to expose him to harm. Ultimately, the Tribunal concluded that the decision under review should be set aside.