1615513 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to have experienced difficulties in obtaining promotion at his government department in Sabah due to "a bit of racism," and expressed fears of returning to Malaysia due to potential joblessness, a poor economy, and the high cost of living, which he believed would lead to debt. He also indicated that he chose Australia for its peaceful, quiet, and multiracial environment. The applicant's claims were reviewed by the Tribunal following a delegate's refusal of his protection visa application.

The central legal issue before the Tribunal was whether the applicant would face a real chance of serious harm for a reason specified in s.5J(1)(a) of the Migration Act 1958 (Cth), or a real risk of significant harm if removed from Australia to Malaysia, thereby meeting the criteria for a protection visa or complementary protection. This involved assessing the applicant's claims of racial discrimination in his workplace, his economic circumstances, and the general conditions in Malaysia. The Tribunal was required to consider these claims in light of relevant policy guidelines and country information.

The Tribunal affirmed the delegate's decision to refuse the protection visa. It considered the applicant's claims of racism in his workplace and concluded that these did not establish a real chance of serious harm or a real risk of significant harm as contemplated by the Act. Similarly, the Tribunal found that the applicant's concerns about economic hardship, joblessness, and potential debt in Malaysia, while acknowledged, did not rise to the level of significant harm required for a protection visa. The Tribunal applied the principles of s.36(2)(a) and s.36(2)(aa) of the Migration Act, considering whether the applicant met the refugee criterion or the complementary protection criterion, and found that he did not.