1615398 (Refugee)

The applicant, a Malaysian national, sought a protection visa, claiming he was being sought by Malaysian authorities due to his membership in the "Bersih" association, a group advocating for electoral reform and human rights. The dispute concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Malaysia. The matter was before the Tribunal for review.

The Tribunal was required to determine two primary issues. First, whether the applicant possessed a well-founded fear of persecution for one or more of the five specified reasons under section 5J(1) of the Migration Act 1958. Second, if he did not meet the refugee criterion, whether there were substantial grounds to believe that, as a necessary and foreseeable consequence of his removal to Malaysia, he faced a real risk of suffering significant harm, as defined by section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims that he feared arrest, imprisonment, or substantial fines for his involvement with Bersih, and that Malaysian authorities would not offer him protection, nor could he relocate within Malaysia to avoid harm. The Tribunal also took into account relevant policy guidelines and country information assessments. Ultimately, the Tribunal found that the applicant did not satisfy the criterion under section 36(2) of the Act.

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