1504684 (Refugee)

The Administrative Appeals Tribunal reviewed decisions by a delegate of the Minister for Immigration to refuse protection visas to the applicants. The applicants sought review of these decisions, arguing they had a well-founded fear of persecution in Malaysia or, alternatively, that removal to Malaysia would pose a real risk of significant harm. The Tribunal considered policy guidelines from the Department of Immigration and country information assessments from the Department of Foreign Affairs and Trade in its determination.

The primary legal issues before the Tribunal were whether the applicants had a well-founded fear of persecution for one of the five Convention grounds in Malaysia, and if not, whether there were substantial grounds to believe that removal from Australia to Malaysia would result in a real risk of significant harm. The Tribunal also considered whether a family member might be owed protection as part of a family unit. The assessment of these claims was governed by section 36 of the Migration Act 1958 and Schedule 2 of the Migration Regulations 1994, which outline the criteria for a protection visa, including the refugee criterion under section 36(2)(a) and the complementary protection criterion under section 36(2)(aa).

The Tribunal found that the applicants did not satisfy the criteria for a protection visa. Specifically, it was not satisfied that any of the applicants met the definition of a refugee under Article 1A(2) of the Refugees Convention, nor were there substantial grounds to believe that removal to Malaysia would expose them to a real risk of significant harm. Consequently, the Tribunal concluded that the applicants could not satisfy the requirements for a protection visa, including those relating to family members.

The Tribunal affirmed the delegate's decision not to grant the applicants Protection visas.