1512887 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to have fled Malaysia due to threats from moneylenders and a fear of being arrested and harmed by police as a murder suspect following an incident where a moneylender died. The applicant arrived in Australia in April 2014 and lodged his protection visa application in June 2015.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth) (the Act) concerning a well-founded fear of persecution, or alternatively under section 36(2)(aa) of the Act, which relates to complementary protection obligations where there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant would suffer significant harm. The Tribunal was required to consider the applicant's claims in light of relevant policy guidelines and country information, and to assess the credibility of his assertions.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant was a citizen of Malaysia and that Malaysia was his receiving country. While the applicant's narrative detailed significant threats and potential harm, including being a murder suspect and facing retribution from moneylenders, the Tribunal did not make specific findings on the applicant's refugee status or complementary protection claims. The decision focused on the lack of evidence that the applicant satisfied the criteria under section 36(2) of the Act, either directly or as a member of a family unit holding a protection visa. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a protection visa.