1606330 (Refugee)

The applicant, a Malaysian citizen, sought review of a decision by the Minister's delegate to refuse his application for a protection visa. The applicant claimed he could not return to Malaysia due to threats from loan sharks targeting his father, which posed a risk of kidnapping or harm to himself. He asserted that relocation within Malaysia was not a viable option due to a lack of resources and courage.

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 for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available to him in Malaysia. The Tribunal was also required to consider the complementary protection criterion, assessing if there was a real risk of significant harm upon removal from Australia.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. The Tribunal noted credibility issues with the applicant's claims, particularly regarding the alleged threats from loan sharks, which were described as occurring almost ten years prior and not well-remembered. The Tribunal also considered the provisions of the *Migration Act 1958* concerning significant harm and effective protection measures, concluding that the applicant had not demonstrated that he could not access protection in Malaysia or that relocation was unreasonable. The Tribunal found that the applicant did not satisfy the criterion in s.36(2) of the Act.