1614166 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to have left Malaysia due to his membership in Bersih, a group advocating for clean and fair elections, and stated that the Malaysian government was seeking out Bersih members. He asserted that if returned to Malaysia, he would be arrested and imprisoned, placing his life in danger. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa.

The Tribunal was tasked with assessing the applicant's claims of persecution for political opinion and considering whether he faced a real risk of significant harm upon return to Malaysia. This involved evaluating the credibility of his evidence, particularly in light of discrepancies between his initial application and his testimony at the hearing, and his inability to provide detailed accounts of his alleged involvement with Bersih. The Tribunal also had to consider the provisions of Ministerial Direction No. 56, relevant policy guidelines, and country information assessments.

The Tribunal concluded that the applicant's claims lacked sufficient detail and credibility. It found that his evidence at the hearing was divergent from his initial application and that he was unable to provide a spontaneous or detailed account of his alleged involvement in Bersih. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criterion under s.36(2) of the Migration Act 1958.