1701120 (Refugee)

This matter concerned an application for a protection visa by a Malaysian citizen. The applicant claimed that he feared persecution upon return to Malaysia due to his membership in the Bersih movement, an organisation critical of the Malaysian government, and due to worsening economic conditions in his home country. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth).

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of political opinion, or whether he qualified for complementary protection. Specifically, the Tribunal had to assess whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Malaysia, the applicant would suffer significant harm. This involved considering the applicant's level of involvement with the Bersih movement, the potential consequences of such involvement, and the impact of economic factors on his safety and subsistence.

The Tribunal considered the applicant's evidence regarding his participation in a Bersih rally and his claims of potential arrest and imprisonment. However, the Tribunal found the applicant's claims to be vague and lacking in detail, particularly concerning any personal harm or specific threats he faced. The applicant also indicated an intention to return to Malaysia to care for his child and expressed a desire to work in Australia rather than seeking protection from persecution. Furthermore, the applicant acknowledged that he did not personally experience harm during the rally and that he left Malaysia legally without difficulty. The Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Malaysia.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.