1603689 (Refugee)

The applicant, a Malaysian citizen of ethnic Chinese descent, sought a protection visa in Australia. He claimed to have suffered racial discrimination in Malaysia and to have been investigated by police for political activities and membership in an unspecified underground organisation. He also alleged a fear of reprisal from individuals connected to a fatal hit-and-run accident he was involved in prior to leaving Malaysia. The applicant had been in Australia as an unlawful non-citizen for a substantial period after his substantive visa ceased. The Administrative Appeals Tribunal considered his claims in light of relevant policy guidelines and country information.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) by having a well-founded fear of persecution for reasons of race, political opinion, or membership of a particular social group, or alternatively, under section 36(2)(aa) by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Malaysia. The Tribunal also had to consider the applicant's credibility and the relevance of his prolonged unlawful status in Australia and his continued engagement in political activities.

The Tribunal found that the applicant's claims lacked sufficient credibility to establish a well-founded fear of persecution. Specifically, regarding the hit-and-run incident, the applicant admitted that no one had threatened him or come looking for him after the accident before he left Malaysia over a year later. Furthermore, his claims of political persecution were not substantiated with sufficient detail or evidence to demonstrate a real risk. The Tribunal also noted that the applicant's continued engagement in political activities in Australia, which he claimed would be suppressed if he returned, was a factor that could be considered in assessing his claims.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that he did not satisfy the criteria under section 36(2) of the *Migration Act 1958* (Cth). The Tribunal found no suggestion that the applicant satisfied the criteria based on being a member of the same family unit as a person who held a protection visa.