1703014 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse a protection visa. The applicant, a citizen of Malaysia, arrived in Australia on a temporary visa and subsequently applied for protection. The applicant's claims for protection were based on generalised concerns about economic and political disadvantage in Malaysia, the difficulty in finding employment, and the inability to support his family if returned.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, either on refugee or complementary protection grounds. This involved assessing the applicant's credibility and the veracity of his claims, particularly in light of any inconsistencies or omissions in the evidence presented. The Tribunal also had to consider the applicant's responsibility to present all claims and evidence to the primary decision maker, and the implications of failing to do so without a reasonable explanation.

The Tribunal found that the applicant's claims were not credible. It noted that the applicant had confirmed that the summary of his claims, as recorded by the delegate, was a fair and accurate representation and that he had no further information to add or change. The Tribunal also had regard to country information regarding Malaysia, which indicated that returnees were unlikely to face adverse attention. Furthermore, the Tribunal applied section 423A of the Migration Act 1958 (Cth), which requires an adverse inference to be drawn about credibility if a claim or evidence is raised that was not presented to the primary decision maker without a reasonable explanation. The Tribunal concluded that the applicant had not established that he held a genuine subjective fear of persecution.

The Tribunal affirmed the decision under review, meaning the applicant's application for a protection visa was refused.