1704571 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to fear persecution from money lenders upon return to Malaysia, alleging they had been attacked, their property damaged, and that Malaysian police were unable to protect them. The applicant also claimed their friend had absconded after borrowing money under the friend's name, with the applicant acting as referee, leaving the applicant liable for the debt and subsequent pursuit by the money lenders.

The primary 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, upon removal to Malaysia, the applicant faced a real risk of suffering significant harm. This included considering whether effective protection measures were available to the applicant in Malaysia.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56 and relevant Departmental guidelines and country information. It noted that under section 36(2B)(b) of the Act, a real risk of significant harm is not taken to exist if the applicant could obtain protection from an authority of the country that would reduce the risk to less than a real risk. The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the Act.

The Tribunal affirmed the decision not to grant the applicant a protection visa.