1714188 (Refugee)

This matter concerns an application for review of a delegate of the Minister's decision to refuse to grant the applicant a Protection visa. The applicant, who arrived in Australia in May 2016, applied for the visa in December 2016, claiming he left Malaysia due to his disapproval of the government's economic management and his participation in anti-government "yellow shirt" protests, fearing prosecution and imprisonment upon return. The delegate refused the visa, finding the claims lacked detail and supporting evidence.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, specifically political opinion, and whether he could be protected by the Malaysian authorities or relocate within Malaysia. The Tribunal was required to assess the credibility of the applicant's claims, particularly in light of inconsistencies between his initial application and his evidence provided at the hearing.

The Tribunal found that the applicant's evidence at the hearing was inconsistent with his original application. He stated he came to Australia for economic reasons, not due to political involvement or fear of prosecution for participating in protests. He conceded he was too young to be involved in politics, his family was struggling financially, and he came to Australia with his mother's permission to work and send money home. He also stated he was asked to participate in "yellow shirt" protests but refused, was not involved in politics, had never protested, and had no trouble with authorities or police, nor had he been arrested or detained. The Tribunal noted his explanation that his English was poor and a friend assisted with his application form, potentially inserting incorrect information.

The Tribunal affirmed the delegate's decision to refuse the Protection visa. The applicant's oral evidence contradicted his written claims, and he failed to establish a well-founded fear of persecution for a Convention reason.