1516006 (Refugee)

The applicant, a citizen of Malaysia, sought a protection visa. The dispute concerned whether the applicant met the criteria for the grant of this visa, specifically relating to claims of harassment and persecution by Malaysian police following his report of corruption. The matter was before the Tribunal, presided over by Member Stuart Webb.

The Tribunal was required to determine if the applicant satisfied the criteria for a protection visa under section 36(2) of the Migration Act 1958, which includes the refugee criterion and the complementary protection criterion. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, he would suffer significant harm.

The Tribunal considered the applicant's statement detailing alleged harassment by Malaysian police, including detention, physical abuse, and the sexual assault of his wife, following his report of corruption. It also took into account Ministerial Direction No. 56, relevant policy guidelines, and country information assessments. The Tribunal found that the applicant was a citizen of Malaysia and that Malaysia was his receiving country. However, the decision ultimately affirmed the refusal of the protection visa, concluding that the applicant did not satisfy the criterion in section 36(2) of the Act, as there was no suggestion he met the criteria based on family unit membership with a person who held a protection visa.