1705814 (Refugee)

The Administrative Appeals Tribunal considered the case of a Malaysian citizen who sought a protection visa in Australia. The applicant claimed to have left Malaysia due to deteriorating economic and political conditions, leading to a significant decrease in the currency's value and making basic necessities unaffordable. The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) (refugee criterion) or section 36(2)(aa) (complementary protection criterion) of the Migration Act 1958.

The Tribunal's assessment focused on whether 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 the Act. It also considered the complementary protection ground, which requires substantial grounds for believing that removal from Australia would result in a real risk of significant harm. The Tribunal took into account Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal found that the applicant, who had travelled to Australia on a Malaysian passport and maintained his Malaysian citizenship, did not satisfy the criteria for a protection visa. The applicant's stated reasons for leaving Malaysia related to economic hardship and currency devaluation, which did not amount to a well-founded fear of persecution under the Act. Furthermore, there was no indication that the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed to Malaysia. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.