1712327 (Refugee)

The applicant, a Malaysian citizen, sought review of the Tribunal's decision to affirm the refusal of his protection visa application. The applicant's claims for protection were based on general economic conditions in Malaysia, stating that the implementation of the Goods and Services Tax had made his income inadequate to cover his expenses. He did not provide further details regarding his claims in his application, nor did he respond to the Tribunal's communications or attend the scheduled hearing.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant was a refugee as defined by section 5H of the Act, or whether he met the criteria for complementary protection under section 36(2)(aa) by facing a real risk of significant harm as a consequence of removal to Malaysia. The court also considered whether the applicant had established a well-founded fear of persecution.

The court noted that the applicant had failed to attend the hearing and had not provided further information to substantiate his claims. The Tribunal had taken reasonable steps to notify the applicant of the hearing, and his non-attendance meant he was not afforded an opportunity to elaborate on his claims. The court found that the applicant's stated reason for leaving Malaysia, namely general economic hardship due to the GST, did not establish a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 5J of the Act. Furthermore, the applicant had not provided any information to suggest he would suffer significant harm upon return to Malaysia, nor had he indicated any inability to relocate within Malaysia or access protection from Malaysian authorities.

Consequently, the court affirmed the Tribunal's decision not to grant the applicant a protection visa, as he had not satisfied the criteria under section 36(2) of the *Migration Act 1958*.