2404803 (Refugee)

This matter concerned an appeal by a protection visa applicant against a decision affirming the refusal of his application. The applicant, an ethnic Chinese Indonesian, claimed he feared harm upon return to Indonesia due to a fabricated accusation of theft, a debt owed by his father, and general discrimination against ethnic Chinese Indonesians, including threats from an individual named Mr G and his associates. The Tribunal was satisfied that Indonesia was the applicant's country of nationality.

The primary legal issues before the Tribunal were whether the applicant met the 'refugee' criterion under section 36(2)(a) of the Migration Act 1958 (Cth) or the 'complementary protection' criterion under section 36(2)(aa). This required the Tribunal to assess the credibility of the applicant's claims and determine if there were substantial grounds for believing he would suffer significant harm as a necessary and foreseeable consequence of removal to Indonesia.

The Tribunal considered the applicant's claims regarding the debt owed by his father, finding it not credible based on previous findings in a related case. It also assessed the claims concerning Mr G and the alleged fabricated accusation of theft, finding them to be unsubstantiated and not indicative of a well-founded fear of persecution. The Tribunal noted that country information suggested a low risk of societal violence against ethnic Chinese Indonesians. Ultimately, the Tribunal concluded that the applicant did not have a well-founded fear of persecution and did not meet the criteria for complementary protection, citing credibility concerns with his account. The decision under review was affirmed.