1603640 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse her a protection visa. The applicant, who arrived in Australia in January 2015, claimed she feared returning to Malaysia due to significant debts incurred from a failed business, her age making work more difficult, and a general fear of being in trouble. She also stated she was unaware of the need to apply for a protection visa earlier and that her application was completed with the assistance of a friend who translated for her.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958 (Cth) concerning a well-founded fear of persecution, or alternatively, under section 36(2)(aa) regarding complementary protection obligations due to a real risk of significant harm. The Tribunal was required to consider the applicant's claims in light of relevant policy guidelines and country information, and to assess whether any claimed fear of persecution or significant harm was well-founded and arose from the prescribed reasons.

The Tribunal considered the applicant's evidence, noting discrepancies such as the omission of her business from her application and her failure to list her claimed fear of financial trouble. The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the Act, which relates to a well-founded fear of persecution. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.