1512314 (Refugee)

The applicant, a citizen of Malaysia, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or faced a real risk of significant harm if returned to Malaysia. The matter was heard by the Refugee Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J of the *Migration Act 1958* (Cth). Additionally, the Tribunal had to consider whether the applicant met the complementary protection criterion under section 36(2)(aa) of the Act, which requires a real risk of significant harm upon removal from Australia. The Tribunal also had to assess the applicant's credibility and consider relevant policy guidelines and country information.

The Tribunal found that the applicant was a citizen of Malaysia and that Malaysia was his receiving country. While acknowledging the importance of a reasonable approach to credibility assessment, as per *Minister for Immigration and Ethnic Affairs and McIllhatton v Guo Wei Rong and Pam Run Juan* (1996) 40 ALD 445, the Tribunal noted that the applicant's claims lacked detail and coherence. Specifically, the applicant provided no information about his education in Malaysia, stated he ran his own business, and offered only one address for the past ten years. He also failed to attend an interview with the department to discuss his claims. The Tribunal found no evidence of a right to enter and reside in a safe third country.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that the applicant did not satisfy the criteria under section 36(2) of the Act.