1708285 (Refugee)

The applicant, a citizen of Malaysia, sought a protection visa in Australia. The dispute 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 matter was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant met the refugee criterion under section 36(2)(a) of the Migration Act 1958, or the complementary protection criterion under section 36(2)(aa). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there were substantial grounds for believing that he would suffer significant harm as a necessary and foreseeable consequence of removal to Malaysia.

The Tribunal considered the applicant's personal circumstances, including his family background, economic situation, and past business dealings, which led him to borrow money from loan sharks. It noted that the applicant was a Malaysian national and Malaysia was his receiving country. The Tribunal found no evidence to suggest the applicant had the right to enter and reside in a third country. Applying the principles of the Migration Act, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, as there were no substantial grounds to believe he would suffer significant harm.

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