1705774 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of a Malaysian national seeking a Protection visa in Australia. The applicant claimed to have left Malaysia due to personal safety concerns stemming from a dispute with his former in-laws following his divorce. He also asserted that he was unable to find employment in Malaysia and sought to secure financial support for his children.

The primary legal issue before the Tribunal was whether Australia owed protection obligations to the applicant under sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Malaysia, and whether effective state protection was available to him. The Tribunal was required to consider relevant policy guidelines and country information assessments in making its determination.

The Tribunal affirmed the delegate's decision not to grant the applicant a Protection visa. It accepted the applicant's identity and nationality as Malaysian. However, it found that the applicant's claims did not satisfy the criteria for a well-founded fear of persecution or a real risk of significant harm. Specifically, the Tribunal concluded that the applicant had not demonstrated that his fear was based on reasons outlined in section 36(2)(a) of the Act, nor that he would suffer significant harm as defined in section 36(2A). The Tribunal also noted that the applicant did not satisfy the criterion of being a member of the same family unit as a person who held a protection visa.