1705887 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of several applicants, with the first named applicant detailing his claims of persecution. The applicant alleged he was subjected to demands for protection money by loan sharks and criminal gangs in Malaysia, which led to the confiscation of his business equipment and physical violence. He claimed that despite attempts to report these issues to the police, no effective action was taken, forcing him to flee to Australia.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the Tribunal considered whether the applicants qualified for complementary protection under section 36(2)(aa), which applies if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal to a receiving country, there is a real risk of significant harm. The Tribunal was required to assess the credibility of the applicant's claims and consider the availability of effective protection measures in Malaysia.

The Tribunal, having regard to the applicant's statement, oral evidence, and relevant country information, concluded that the applicant did not satisfy the criteria for a protection visa under either section 36(2)(a) or section 36(2)(aa). The Tribunal was not satisfied that the applicant had a well-founded fear of persecution or faced a real risk of significant harm in Malaysia, nor that effective protection measures were unavailable. Consequently, the Tribunal affirmed the delegate's decision not to grant the protection visas.