1512820 (Refugee)

The applicant, a citizen of Malaysia, sought review of a decision not to grant a protection visa. The applicant claimed to fear persecution and harm from a group of "Islamic gangsters" led by an individual named Mr A, alleging they were extremist and had previously assaulted him and his friend, and that the Malaysian police had failed to protect them, instead threatening them with imprisonment for their comments against Islam. The applicant further asserted that Malaysian authorities favoured Malay Muslims and would not offer protection.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution for specific reasons, or alternatively, the complementary protection criterion under section 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country. The Tribunal was required to assess the applicant's claims in light of relevant country information and departmental policy guidelines.

The Tribunal found that the applicant was a national of Malaysia and that Malaysia was his receiving country. However, it determined that the applicant had not satisfied the burden of establishing a well-founded fear of persecution under section 36(2)(a). The Tribunal noted that mere assertion of fear does not establish its genuineness or that it is well-founded, and that the applicant must provide sufficient detail to enable the facts to be established. The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.