1617329 (Refugee)

The applicant, a Malaysian national of Chinese descent, sought review of a decision not to grant him a protection visa. The applicant claimed he had been threatened, blackmailed, and assaulted in Malaysia by a group of Malaysians, and that the police had failed to provide protection, even warning him that the "underground" and police were allied. He asserted he could not return to Malaysia due to the pervasive threat from these groups and the lack of police assistance.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether he faced a real risk of significant harm if returned to Malaysia. The court also considered whether Malaysia constituted an effective "receiving country" for the purposes of protection.

The court accepted that the applicant was a Malaysian national and that Malaysia was his receiving country. However, the applicant did not attend the hearing, preventing the court from exploring or testing his claims. The court noted that ethnic Chinese constitute a significant minority in Malaysia, are prominent in business, and participate freely in political life, with no laws directly discriminating against them. Given the lack of opportunity to examine the applicant's claims and the general context of Malaysia, the court found that the applicant did not satisfy the criteria for a protection visa.

Consequently, the decision not to grant the applicant a Protection (Class XA) visa was affirmed.