1513346 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant who arrived in Australia in February 2015 and remained unlawfully after his visa ceased in May 2015. The applicant sought a protection visa, claiming he fled Malaysia due to involvement with a gang. He alleged the gang members threatened his girlfriend, prevented his engagement, repeatedly attacked him, and that he could not seek help due to gang influence within the police and an inability to relocate. The applicant did not provide further information to the delegate who initially refused his visa application.

The Tribunal was required to determine the credibility of the applicant's claims and whether he met the criteria for a protection visa, specifically considering the provisions for complementary protection under section 36(2)(aa) of the Migration Act 1958. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, the applicant faced a real risk of suffering significant harm. The Tribunal also had to consider relevant policy guidelines and country information, including assessments of gang activity in Malaysia.

In its reasoning, the Tribunal noted that the applicant had not availed himself of the opportunity to discuss his claims with the delegate or provide further information. While acknowledging the country information regarding gang activity in Malaysia, the Tribunal ultimately concluded that the applicant's claims lacked credibility and did not establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal found that the applicant did not satisfy the criterion under section 36(2) of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.