1616298 (Refugee)

The applicant, a Malaysian national, sought a protection visa in Australia. The dispute concerned whether the applicant had a well-founded fear of persecution in Malaysia based on his race, religion, or political opinion, or whether there were substantial grounds to believe he would suffer significant harm if returned to Malaysia. The matter was heard by Sean Baker, a member of the Tribunal.

The Tribunal was required to determine two primary issues: first, whether the applicant possessed a well-founded fear of persecution in Malaysia for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J of the Migration Act 1958; and second, if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, the applicant faced a real risk of suffering significant harm.

In reaching its decision, the Tribunal considered the applicant's claims of being targeted by the Malaysian Government due to his active involvement in the Bersih rally, his vocal stance on the "Allah" issue affecting Malaysian Catholics, and alleged harassment by Malay men. The Tribunal also took into account policy guidelines and country information assessments as mandated by Ministerial Direction No. 56. However, the Tribunal found the evidence presented, including statutory declarations and news reports, to be vague and generalised, raising credibility concerns. The Tribunal accepted the applicant's identity and his claim of not having a right to enter a safe third country. Despite acknowledging the applicant's claims regarding the prohibition of Christians using the word "Allah" and reports of missing Christian pastors, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.