1707469 (Refugee)

The applicant, a Malaysian national, sought a protection visa, claiming he feared persecution upon return to Malaysia due to his past involvement with gangs. The dispute before the Administrative Appeals Tribunal (AAT) concerned whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or faced a real risk of significant harm if returned to Malaysia.

The Tribunal was required to determine the credibility of the applicant's claims regarding his involvement with gangs, the threats he allegedly received, and the specific incidents that led him to fear returning to Malaysia. This involved assessing whether his oral evidence was consistent with his written statements and whether the details of his alleged persecutors, the reasons for their adverse interest, and the nature of the threats were sufficiently reliable to establish a well-founded fear of persecution or a real risk of significant harm.

The Tribunal found that while the applicant had some past involvement in criminal activities, including working in an illegal gambling den and associating with individuals involved in criminal activities, the details of his claims and alleged fears were not entirely reliable. The Tribunal noted significant discrepancies between his written application and his oral evidence concerning the identity of his alleged persecutors, the triggers for their adverse interest, and the specific threats he faced. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, nor that there was a real risk of significant harm upon his return to Malaysia.

The Tribunal affirmed the decision not to grant the applicant a protection visa.