1705381 (Refugee)

The applicant, a Malaysian national, sought review of a delegate's decision to refuse him a protection visa. The applicant's claims for protection were based on his fear of loan sharks in Malaysia, from whom he had borrowed a substantial sum to start a business that subsequently failed. He alleged that the money lenders had threatened him and his family, and that he had been physically assaulted. He expressed concern that if returned to Malaysia without repaying his debts, he would face further harm, as he believed the authorities did not prioritise such matters.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5H and 5J of the Act. This involved assessing whether there was a real chance of persecution in all areas of Malaysia due to his fear of loan sharks.

The Tribunal affirmed the delegate's decision to refuse the protection visa. The Tribunal noted that the applicant failed to attend a scheduled hearing, despite being notified and having his request for a postponement denied. The Tribunal was not satisfied that unspecified work commitments constituted a good reason for rescheduling. Consequently, the Tribunal proceeded to make a decision on the review without further action to enable the applicant to appear, pursuant to section 426A of the Act. The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the Act.