1503022 (Refugee)

The applicants sought review by the Administrative Appeals Tribunal of a decision by the Department to refuse them protection visas. The first applicant claimed he had been blackmailed and threatened by mafia gangsters in his home country, leading him to fear returning. He stated that he had reported these threats to the police, but they had not provided protection. The second applicant, his wife, did not have independent claims for protection. The delegate had refused the visas, finding the first applicant's claims vague, unsubstantiated, and lacking in detail, further noting his failure to attend an interview as raising doubts about the genuineness of his claims. The delegate was not satisfied that the applicant had experienced harm or threats in Malaysia, nor that Malaysian authorities would fail to protect him, and therefore concluded he did not have a well-founded fear of persecution for a Convention reason. Consequently, the delegate was not satisfied that Australia had protection obligations under the Refugees Convention or that there was a real risk of significant harm upon removal to Malaysia.

The Tribunal was required to determine whether Australia owed protection obligations to the applicants under section 36(2)(a) or (aa) of the Migration Act 1958 (Cth), which are the criteria for granting a protection visa. This involved assessing the credibility and substance of the first applicant's claims of persecution and the likelihood of harm upon return to his country of origin, as well as the availability of protection from the authorities there.

The Tribunal affirmed the delegate's decision, finding that it was not satisfied that the applicants were persons in respect of whom Australia had protection obligations. Consequently, the applicants did not meet the criteria under section 36(2)(a) or (aa) for a protection visa. As a result, they were also unable to satisfy the criteria under section 36(2)(b) or (c), and therefore could not be granted the visa. The Tribunal affirmed the decision not to grant the applicants protection visas.