1707591 (Refugee)

The Administrative Appeals Tribunal considered the case of an ethnic Chinese male from Malaysia who sought a protection visa in Australia. The applicant claimed to have been threatened and attacked by a gang of young Malays who blamed his father for involvement in the 1969 anti-Chinese riots and resented ethnic Chinese owning businesses and land. He alleged that police failed to assist him and that his family's attempts to relocate were unsuccessful.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, either as a refugee under section 36(2)(a) of the Migration Act 1958 or on complementary protection grounds under section 36(2)(aa). This involved assessing whether the applicant had a well-founded fear of persecution for a Convention reason and whether there were substantial grounds for believing he faced a real risk of significant harm if returned to Malaysia.

The Tribunal reasoned that the applicant bears the onus of establishing all statutory elements of his claim and that mere assertions of fear are insufficient. The applicant's claim lacked specific details regarding the timing and nature of the alleged attacks and relocation attempts. Furthermore, the Tribunal noted that the applicant's passport indicated frequent visits to another country, which was not adequately explained in the context of his claimed fear of persecution in Malaysia. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or a real risk of significant harm.

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