1707024 (Refugee)

This matter concerns an application for a protection visa by a Malaysian national. The applicant claimed he was forced to borrow money from a loan shark to repay a sum demanded by the leader of a gang he had joined. He asserted that the gang would harm him if he did not repay the money. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, he faced a real risk of suffering significant harm.

The Tribunal considered the applicant's claims in light of relevant policy guidelines and country information. Central to the determination was an assessment of the applicant's credibility. The Tribunal noted the importance of adopting a reasonable approach to credibility findings, acknowledging the difficulties asylum seekers often face and the principle of giving the benefit of the doubt to generally credible applicants unable to substantiate all claims. However, the Tribunal also referred to the UNHCR Handbook, which states that the benefit of the doubt should only be given when all available evidence has been obtained and checked, and the examiner is satisfied as to the applicant's general credibility, with statements needing to be coherent, plausible, and not contrary to known facts.

During the hearing, the applicant's account of his involvement with the gang evolved. Initially describing the gang as involved in real estate and led by a "VIP" who was a political figure, he could not provide the leader's name. When questioned about the gang's activities, he shifted his explanation to the real estate being a front for drug dealing and gambling. He also stated that gang members gave him money for no reason, which the Tribunal found not credible. The Tribunal ultimately concluded that the applicant's evidence lacked coherence and plausibility, leading it to affirm the delegate's decision.