1709624 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to the applicant, who claimed to fear arrest and harm in Malaysia due to his participation in anti-corruption demonstrations. The applicant alleged he had been arrested and detained previously, and that corrupt officials had extorted money from him in relation to his business. He further claimed he could not relocate within Malaysia as the police were seeking to arrest him.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and whether he would suffer significant harm if returned to Malaysia. The Tribunal was required to consider the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth), including the definitions of "significant harm" and "well-founded fear of persecution," as well as policy guidelines and country information.

The Tribunal considered the applicant's evidence, including his inconsistent statements and travel history, and found that his actions were not consistent with a genuine fear of significant harm. The Tribunal noted that the applicant had not satisfied the criteria under s.36(2)(a) of the Act, nor had he established that he would suffer significant harm as a necessary and foreseeable consequence of removal from Australia under s.36(2)(aa). The Tribunal also considered the possibility of relocation within Malaysia and the availability of protection, finding these factors relevant to the assessment of risk.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria for the grant of the visa.