1704099 (Refugee)

This matter concerned an application for review of a decision to refuse the grant of a protection visa. The applicant, a national of Malaysia, claimed to be indebted to illegal moneylenders in Malaysia, which formed the basis of their fear of persecution. The Tribunal was required to determine whether this situation met the criteria for a protection visa under the Migration Act 1958 (Cth), specifically whether it constituted persecution for the purposes of the refugee criterion or fell within complementary protection grounds, and whether effective protection was available in Malaysia.

The Tribunal was required to assess the applicant's credibility and the validity of their claims, considering that new claims and evidence were raised late in the process without a reasonable explanation. The Tribunal also had regard to its obligations under the President's Directions concerning the timely completion of cases and the focus on necessary elements for resolution, as well as the well-settled principle that the onus is on the applicant to present their case fully and provide sufficient evidence. The Tribunal considered whether the applicant's subjective fear of persecution was genuinely held and whether there was an objective basis for such a fear, noting that previous decisions have affirmed that voluntary return visits to a country can support a conclusion that an applicant does not hold the necessary fear of persecution.

The Tribunal found that the applicant was a national of Malaysia and that Malaysia was the relevant receiving country. It concluded that being indebted to illegal moneylenders in Malaysia did not, in itself, place the applicant within the categories of persecution for the purposes of the refugee criterion under section 36(2)(a) of the Act. Furthermore, the Tribunal found that the applicant was not eligible for a protection visa by reference to the complementary protection criteria, as effective protection was available in Malaysia. Consequently, the Tribunal affirmed the decision under review.