1517239 (Refugee)

This matter concerned an application for a Protection visa by a Malaysian citizen of Chinese ethnicity and Christian faith. The applicant claimed to fear persecution and harm in Malaysia due to systemic discrimination against ethnic Chinese, government policies favouring ethnic Malays, and religious persecution of Christians. The applicant had failed to attend three scheduled interviews with the Department.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution in Malaysia for reasons of his race, religion, nationality, membership of a particular social group, or political opinion. If not, the Tribunal also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Malaysia, he would suffer significant harm.

The Tribunal found that it was not satisfied that the applicant was a person in respect of whom Australia had protection obligations. It concluded that the applicant did not satisfy the criteria for a Protection visa under section 36(2)(a) or (aa) of the Act. The Tribunal affirmed the decision not to grant the applicant a Protection visa.