1606406 (Refugee)

The applicant, a Malaysian national, sought a protection visa in Australia. The dispute arose from his claims that he feared returning to Malaysia due to a debt owed to a moneylender. He alleged that the moneylender had visited his family home, demanding repayment from his wife and threatening him with harm or death if he did not repay the debt. The Tribunal was required to determine whether Australia owed protection obligations to the applicant.

The 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) (the Act) as a refugee, or alternatively, under section 36(2)(aa) of the Act for complementary protection. This involved assessing whether the applicant had a well-founded fear of persecution for a Convention reason or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, he would suffer significant harm.

The Tribunal found that the applicant was a citizen of Malaysia and that there was no evidence suggesting he had a right to enter and reside in any safe third country. The applicant's claims regarding the debt and threats were considered. However, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. The decision under review was affirmed.