1706555 (Refugee)

The applicants sought protection visas, claiming economic hardship in Malaysia. The first applicant stated that the family's economic situation was deteriorating due to the rising cost of living, which exceeded his income. He further asserted that Malaysia was experiencing economic challenges, including a falling currency and slowed economic growth, making it unaffordable for him to support his family. The second applicant corroborated these claims, stating she followed her husband due to the family's economic difficulties. The Tribunal considered the applicants' claims, oral evidence, and relevant country information.

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, which requires a well-founded fear of persecution, or under section 36(2)(aa), which concerns complementary protection obligations due to a real risk of significant harm upon removal. The Tribunal was required to assess whether the economic hardship claimed by the applicants constituted "significant economic hardship that threatens the person’s capacity to subsist" as defined within the Act, and whether Malaysia offered effective protection measures.

The Tribunal reasoned that while the applicants presented evidence of economic challenges in Malaysia, these did not rise to the level of "significant economic hardship that threatens the person’s capacity to subsist" as contemplated by the Act. The Tribunal noted that the applicants could potentially live with the first applicant's mother if family circumstances necessitated it, and that the economic difficulties described were faced by the population generally rather than being specific to the applicants personally. Consequently, the Tribunal was not satisfied that the applicants faced a real risk of significant harm or a well-founded fear of persecution.

Accordingly, the Tribunal affirmed the delegate's decision not to grant the applicants protection visas, finding that they did not satisfy the criteria under section 36(2) of the Migration Act 1958.