1708569 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual who claimed to be a member of the Bersih movement in Malaysia. The applicant asserted that they had left Malaysia due to the government's actions against Bersih members and the risk of detention and harm if returned.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for reasons of political opinion, or if they qualified for complementary protection due to a real risk of significant harm upon return to Malaysia. This involved assessing the applicant's claims of membership in Bersih and the credibility of their fear of persecution.

The Tribunal found the applicant's evidence to be vague and general, both in their application and at the hearing. Despite being given an opportunity to elaborate on their motivation for joining Bersih and the movement's objectives, the applicant could only provide generalised statements. Consequently, the Tribunal was not persuaded that the applicant was a genuine member of Bersih or had attended the Bersih 4.0 rally. The Tribunal concluded that the applicant's account lacked credibility and did not establish a well-founded fear of persecution.

The Tribunal affirmed the decision not to grant the applicant a protection visa, as the applicant failed to satisfy the criteria under section 36(2) of the Migration Act 1958.