1621665 (Refugee)

The applicant, a single woman from Malaysia, sought a protection visa in Australia. Her claims for protection were based on economic hardship in Malaysia, including significant personal debt due to a failing economy and a lack of public works, which she believed the authorities could not adequately address. The applicant also indicated a desire to remain in Australia due to friendships and the need to support a relative in Malaysia. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which concerns a well-founded fear of persecution, or under the complementary protection provisions, section 36(2)(aa), which relates to the real risk of significant harm upon removal from Australia.

The Tribunal considered the applicant's stated reasons for leaving Malaysia, including the economic situation and her inability to repay debts. It also noted that the applicant had limited understanding of the information provided in her protection visa application, which had been completed with the assistance of a friend. The Tribunal applied the principles outlined in Ministerial Direction No. 56, considering relevant policy guidelines and country information assessments. The core of the Tribunal's assessment focused on whether the applicant faced a real risk of persecution or significant harm in Malaysia, taking into account the definitions of persecution, significant harm, and effective protection measures as set out in the *Migration Act 1958* (Cth).

The Tribunal found that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criteria under section 36(2)(a).