1704079 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The dispute centred on whether the applicant faced a real risk of significant harm or persecution if returned to Malaysia, primarily due to business debts she had incurred.

The court 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 relates to a well-founded fear of persecution, or the complementary protection criterion under section 36(2)(aa), which concerns a real risk of significant harm as a necessary and foreseeable consequence of removal.

The Tribunal found that the applicant had failed to establish a well-founded fear of persecution. While acknowledging the applicant had incurred substantial business debts in Malaysia and faced bankruptcy proceedings, the Tribunal noted a lack of evidence of threats or harm from a loan shark, and that the applicant had not provided adequately translated or certified documents to support her claims. The Tribunal also found that the applicant had not demonstrated a real risk of significant harm upon return to Malaysia, noting her failure to provide credible evidence and her indifferent approach to preparing her case. The Tribunal affirmed the decision not to grant the protection visa.