1706246 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant, a Malaysian citizen, claimed to be in fear of loan sharks to whom he owed a substantial debt, alleging threats of death if the money was not repaid promptly. He also asserted that his family would be endangered and dispossessed if he were found. The applicant had arrived in Australia on a visitor visa and subsequently applied for a protection visa, which was refused by a delegate of the Minister. The applicant then sought review of this decision by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), or alternatively, the complementary protection criterion under section 36(2)(aa). This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia to Malaysia, the applicant would suffer significant harm. The Tribunal was required to consider relevant policy guidelines and country information assessments prepared by government departments.

The Tribunal affirmed the delegate's decision to refuse the protection visa. In its reasoning, the Tribunal noted the lack of supporting documentation for the applicant's claims regarding the loan sharks and the threats made against him and his family. While the applicant provided a document indicating his co-directorship of a registered business, this did not substantiate his claims of persecution. The Tribunal concluded that the applicant had not demonstrated that he faced a real risk of significant harm if returned to Malaysia, and therefore, Australia did not owe him protection obligations.