1709660 (Refugee)

The applicant, a man from Kelantan, Malaysia, sought a protection visa, claiming he was being sought by the Malaysian government due to his membership in the "Bersih" group, an assembly advocating for electoral reform. He asserted that returning to Malaysia would result in arrest, imprisonment, and significant fines, and that the authorities would be unable to protect him. The Administrative Appeals Tribunal (AAT) considered his claims in light of Ministerial Direction No. 56 and relevant policy and country information.

The primary legal issue before the AAT was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there is a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal found that the applicant did not satisfy the criterion under section 36(2)(a). While acknowledging the applicant's stated fear of arrest and punishment for his involvement with the "Bersih" group, the Tribunal did not find that this fear constituted a well-founded fear of persecution as defined by the Act. Specifically, the Tribunal concluded that the applicant did not demonstrate a real chance of persecution for one of the prescribed reasons, nor did it appear that effective protection measures were unavailable or that relocation within Malaysia was unreasonable. The Tribunal affirmed the decision not to grant the applicant a protection visa.