1602572 (Refugee)

This matter concerned an application for a Protection visa by a Malaysian citizen who entered Australia in October 2015. The applicant claimed he left Malaysia due to threats from his girlfriend's father, who allegedly beat him and threatened to kill him after discovering his daughter's pregnancy. The applicant feared he would be killed by the father if returned to Malaysia and believed authorities would not provide protection. The Administrative Appeals Tribunal (the Tribunal) was required to determine the credibility of the applicant's claims and whether, on the accepted facts, the criteria for a protection visa were met.

The central legal issues before the Tribunal were the applicant's credibility and whether his claims satisfied the criteria for a protection visa, specifically under section 36(2)(a) (well-founded fear of persecution) or section 36(2)(aa) (complementary protection). The Tribunal considered the applicant's account of events, including the alleged assault and threats by his girlfriend's father, and his fear of returning to Malaysia. It also had regard to relevant policy guidelines and country information.

The Tribunal affirmed the decision not to grant the applicant a protection visa. While acknowledging the applicant's claims, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. The decision notes that the applicant did not satisfy the refugee criterion under s.36(2)(a) and also did not satisfy the complementary protection criterion under s.36(2)(aa). The Tribunal found that the applicant did not satisfy the criterion in s.36(2) generally, and therefore affirmed the delegate's decision.