1704556 (Refugee)

This matter concerned an application for a protection visa by a woman from Malaysia. The applicant claimed she had immigrated to Australia due to financial difficulties in her home country, the poor economy in Malaysia, and her inability to secure a job with adequate wages there. She stated that her primary motivation for seeking a protection visa was to remain in Australia longer, as advised by a friend. The decision was made by Bridget Cullen, a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the *Migration Act 1958* (Cth), and if not, whether there were substantial grounds for believing that her removal to Malaysia would result in a real risk of significant harm. The Tribunal was required to consider policy guidelines from the Department of Immigration and country information assessments from the Department of Foreign Affairs and Trade.

The Tribunal reasoned that the applicant's stated reasons for seeking protection, namely the poor economy in Malaysia and her desire for better wages, did not constitute grounds for a protection visa. The applicant explicitly confirmed that there were no other reasons for her application or that would prevent her return to Malaysia. The Tribunal noted that the applicant's motivation for applying for a protection visa was based on advice from a friend that it would allow her to stay in Australia longer. Consequently, the Tribunal concluded that the applicant did not meet the criteria for a protection visa, either under the refugee provisions or the complementary protection provisions. The Tribunal affirmed the decision not to grant the applicant a protection visa.