1705146 (Refugee)

The applicant, a Malaysian citizen, sought review of the Administrative Appeals Tribunal's decision to affirm the refusal of his protection visa application. The dispute centred on whether the applicant met the criteria for a protection visa, either as a refugee or under complementary protection provisions. The applicant's claims for protection were made in his visa application form, and he failed to attend a scheduled hearing before the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, or membership of a particular social group, and whether he faced a real risk of significant harm if returned to Malaysia. The Tribunal was also required to consider whether effective protection measures were available to the applicant in Malaysia and whether it would be reasonable for him to relocate within Malaysia to avoid any risk.

The Tribunal considered the applicant's claims as set out in his application, noting that many response spaces were left blank and that his assertions lacked specificity. The Tribunal found that the applicant did not attend his scheduled hearing, despite reasonable steps being taken to notify him. The Tribunal acknowledged that had the applicant attended, he would have been given an opportunity to elaborate on his claims. Applying the relevant provisions of the *Migration Act 1958* (Cth), including sections concerning refugee status and complementary protection, and having regard to Ministerial Direction No. 84, the Tribunal concluded that the applicant had not satisfied the criteria for a protection visa.

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