1708439 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Malaysian national. The applicant claimed to have left Malaysia due to his involvement with the group Bersih, which aimed to ensure clean and fair elections. He alleged that during a demonstration in September 2016, Bersih members were attacked with acid gas and water guns, raided by authorities, and that many were arrested and beaten, from which he managed to escape. He expressed a fear of imprisonment and being found by authorities if returned to Malaysia.

The Tribunal was required to determine three key issues: the applicant's credibility regarding his claims, whether he possessed a well-founded fear of persecution in Malaysia satisfying the refugee protection provisions of the Act, and whether he met the complementary protection provisions of the Act. The Tribunal also considered the relevance of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments from the Department of Foreign Affairs and Trade.

In its assessment of credibility, the Tribunal acknowledged the principles outlined in *Guo Wei Rong v Minister for Immigration and Ethnic Affairs* (1996) 40 ALD 445, emphasising a reasonable approach and the cautionary note against overly stringent scrutiny. However, it also noted that the benefit of the doubt should only be given when all available evidence has been checked and the applicant's account is coherent, plausible, and does not contradict known facts. The Tribunal found the applicant to be a citizen of Malaysia and that Malaysia was his receiving country. Despite the applicant's claims regarding his involvement with Bersih and the alleged mistreatment, the Tribunal ultimately found the applicant not to satisfy the criteria for a protection visa under either the refugee or complementary protection provisions.

The Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy any of the criteria set out in section 36(2) of the Migration Act 1958.