1615067 (Refugee)

The applicant, a national of Malaysia, sought a protection visa in Australia after his temporary visa ceased and he became unlawful. He claimed to have left Malaysia due to his former membership in a Triad group, stating that members cannot resign and face death if they attempt to leave. He asserted that the Triad would continue to search for him in Malaysia, posing a threat to his life and his family's safety, and that Malaysian authorities were too compromised by the Triad to offer protection. The applicant maintained these claims as the sole basis for his protection claims.

The primary legal issue before the Tribunal was whether Australia owed protection obligations to the applicant under sections 36(2)(a) (refugee criterion) and 36(2)(aa) (complementary protection criterion) of the *Migration Act 1958* (Cth). This required the Tribunal to assess the applicant's claims of persecution and the availability of state protection in Malaysia, considering relevant country information and policy guidelines.

The Tribunal accepted the applicant's identity and nationality as Malaysian. However, it was not satisfied that the applicant had a well-founded fear of persecution for a Convention reason, nor that he would suffer significant harm as a necessary and foreseeable consequence of removal to Malaysia. The Tribunal found that, despite the applicant's claims regarding the Triad, Malaysia possessed a reasonably effective police force and legal system that could provide sufficient protection, thereby reducing the likelihood of harm to something less than a real risk. Consequently, the Tribunal concluded that Australia did not have protection obligations towards the applicant under either section 36(2)(a) or 36(2)(aa) of the Act.

The Tribunal affirmed the decision not to grant the applicant a protection visa.