1704089 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse to grant the applicant a protection visa. The applicant, who claimed to be a citizen of Malaysia, had applied for the visa on 5 July 2016. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards the applicant under the 'refugee' criterion or 'complementary protection' grounds.

The applicant's claims for protection were based on fears of severe economic hardship in Malaysia, including the country's worsening political and economic status, a depreciating currency, and rising prices making life unaffordable. She also feared being "blacklisted" if she could not repay a loan for a property she purchased with her mother, which could lead to repossession. The Tribunal considered the applicant's personal circumstances, including her employment history and financial commitments, as well as country information assessments provided by the Department of Foreign Affairs and Trade.

The Tribunal found that the applicant was a citizen of Malaysia and that Malaysia was her receiving country. It concluded that the harm feared by the applicant did not constitute serious or significant harm as contemplated by the Migration Act 1958. The Tribunal noted that country information did not support the applicant's claims of severe economic hardship and that refinancing options were available to her. Consequently, the Tribunal affirmed the delegate's decision not to grant the protection visa.