1708549 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to have participated in a Bersih rally and feared arrest by Malaysian authorities or harm from UMNO supporters upon return to Malaysia. The delegate refused the application, finding the applicant’s details vague and lacking evidence, and noting the applicant’s ability to depart Malaysia without hindrance suggested no adverse interest from authorities. The applicant did not provide the delegate's decision to the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons in Malaysia, and if not, whether there were substantial grounds for believing that removal to Malaysia would pose a real risk of significant harm. The Tribunal was required to consider the applicant's claims in light of relevant policy guidelines and country information, and assess the applicant's credibility.

The Tribunal affirmed the delegate's decision. It found that the applicant had not provided sufficient detail or evidence to establish a well-founded fear of persecution. The Tribunal noted that a mere claim of fear does not establish its genuineness or that it is well-founded, and that applicants bear the responsibility of providing necessary details. The Tribunal also considered the complementary protection criterion, which requires substantial grounds for believing there is a real risk of significant harm upon removal, but found no basis to grant the visa under this criterion either. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a protection visa.