Herijanto, Muin, Lie v RRT and Ors

Herijanto, Muin, Lie (the applicants) sought judicial review of a decision by the respondent, RRT, to refuse their applications for refugee status. The applicants, who were citizens of Indonesia, claimed to have a well-founded fear of persecution based on their ethnicity and religion. The matter came before Gaudron ACJ in chambers.

The primary legal issue before the court was whether the applicants had established a well-founded fear of persecution for a reason specified in Article 1A(2) of the Refugee Convention. This involved determining whether the evidence presented by the applicants demonstrated a real chance of persecution, and if so, whether that persecution was linked to their ethnicity or religion.

Gaudron ACJ considered the evidence presented by the applicants, including their personal circumstances and the general situation in Indonesia. The court applied the established legal principles for assessing claims of well-founded fear, which require an objective assessment of the real chance of persecution, taking into account both subjective fears and objective circumstances. The court also considered the nexus required between the fear of persecution and the protected grounds.