1615552 (Refugee)

The applicants, citizens of Malaysia, sought protection visas in Australia. The dispute centred on whether they faced persecution in Malaysia due to the first applicant's involvement with the Democratic Action Party (DAP) and his race, which he claimed led to his arrest, detention, loss of business, and threats to his family. The case was heard by the Tribunal.

The Tribunal was required to determine if the applicants met the criteria for a protection visa under s.36(2)(a) of the Migration Act 1958, which involves a well-founded fear of persecution for reasons of race or political opinion, or under s.36(2)(aa), which concerns complementary protection obligations where there is a real risk of significant harm upon removal from Australia. The Tribunal also had to consider whether effective protection measures were available in Malaysia and if internal relocation was a reasonable option.

The Tribunal considered the applicants' claims that the first applicant's assistance in establishing a DAP branch led to a police raid on his home, his arrest, interrogation, and subsequent threats from individuals associated with the ruling party. These events, the applicants contended, resulted in the loss of his business, damage to his reputation, and fear for his family's safety. The Tribunal, however, concluded that the applicants did not satisfy the criteria for a protection visa, finding that they did not have a well-founded fear of persecution or face a real risk of significant harm in Malaysia. The Tribunal affirmed the decision not to grant the protection visas.