1708175 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant claimed to have been involved with the 'Bersih' opposition political movement in Malaysia and feared imprisonment if returned. The delegate had refused the visa, finding the applicant did not face a real chance of serious or significant harm, partly due to a lack of particulars in the claims and the applicant's regular lawful departures from Malaysia prior to arriving in Australia. The Administrative Appeals Tribunal (AAT) was required to determine whether the delegate's decision should be affirmed.

The Tribunal was required to consider the applicant's claims for protection, specifically whether he had a well-founded fear of persecution based on his political activities. A key issue was the applicant's engagement with the review process, particularly his decision to decline participation in a scheduled hearing and consent to a decision on the papers. The Tribunal also had to consider the evidentiary burden on the applicant to establish his claims, as well as relevant policy guidelines and country information.

The Tribunal affirmed the delegate's decision. It noted that the applicant had attended an initial hearing but subsequently elected not to participate in a further hearing, consenting to a decision based on the existing material. The Tribunal emphasised that it is the applicant's responsibility to provide sufficient evidence to establish their claim, and that the Tribunal is not obliged to assist in specifying or establishing the claim. Given the applicant's lack of engagement and failure to provide relevant supporting evidence, particularly concerning his alleged involvement with the 'Bersih' movement and any resulting fear of persecution, the Tribunal concluded that the applicant had not established that he met the criteria for a protection visa.