1602987 (Refugee)

The Administrative Appeals Tribunal considered the application of a Malaysian national seeking a protection visa. The applicant claimed he had fled Malaysia due to threats and violence from gangsters, fearing for his life and forced participation in illegal activities if returned. He also alleged that Malaysian police were corrupt and unable to offer protection. The delegate of the Minister refused the application, and the applicant sought review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or faced a real risk of significant harm if returned to Malaysia. The Tribunal was required to consider the applicant's claims in light of relevant provisions of the *Migration Act 1958*, including the definitions of persecution, significant harm, and effective protection measures, as well as Ministerial Direction No. 56, which mandates consideration of departmental policy guidelines and country information.

The Tribunal noted that the applicant had not provided any further information or evidence to support his claims beyond what was before the delegate. Despite attempts by the Tribunal to contact the applicant and schedule a hearing, he failed to attend or respond. Consequently, the Tribunal proceeded to make a decision based on the available material. The Tribunal found that the applicant had not satisfied the criteria for a protection visa, including the complementary protection criterion under s. 36(2)(aa) of the Act, as there was insufficient evidence to establish a real risk of significant harm.

The Tribunal affirmed the decision of the delegate not to grant the applicant a protection visa.