1608382 (Refugee)

This decision concerns an application for a protection visa made by an applicant who claimed to be at risk in Malaysia due to debts owed to loan sharks ("Ah Longs") and potentially as a "returnee." The applicant was represented by a migration agent and assisted by an interpreter during hearings before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant would face a real risk of significant harm in Malaysia, either currently or in the reasonably foreseeable future, due to his membership in a particular social group, specifically persons indebted to "Ah Longs." The Tribunal also considered whether the applicant might belong to another relevant particular social group, namely "returnees."

The Tribunal considered the available country information regarding Malaysia and the applicant's specific claims, ultimately agreeing with and adopting the delegate's assessment of this information. The Tribunal found that the applicant did not have a current right to enter or reside in any country other than Malaysia, meaning section 36(3) of the Act did not apply. The Tribunal concluded that the delegate's decision to refuse the protection visa should be affirmed.