1516532 (Refugee)

The applicant, a citizen of Malaysia, sought a protection visa, claiming he feared persecution due to his support for the Bersih group, which opposes the Malaysian government's electoral system. The applicant asserted that the Malaysian authorities target and imprison government opponents, and that Bersih protesters who have fled within Malaysia have been detected. The delegate had previously considered country information regarding Bersih and concluded that protesters faced a low risk of arrest, and that the applicant had not provided sufficient detail about his involvement or reasons for potential imprisonment. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically considering his claims of persecution and the complementary protection criterion.

The Tribunal considered the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth), including the definition of a well-founded fear of persecution and the concept of significant harm for complementary protection. The Tribunal noted the importance of a reasonable approach to credibility assessment, referencing *Minister for Immigration and Ethnic Affairs and McIllhatton v Guo Wei Rong and Pam Run Juan* and the UNHCR Handbook. The Tribunal found that the applicant was a citizen of Malaysia and that Malaysia was his receiving country. It also noted the absence of evidence suggesting the applicant had a right to enter and reside in a safe third country.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa. The Tribunal found that the applicant did not satisfy the refugee criterion under s.36(2) of the Act, nor did it appear he satisfied the complementary protection criterion under s.36(2)(aa). The Tribunal concluded that there was no suggestion the applicant met the criteria for a protection visa, and therefore affirmed the decision to refuse the visa.