1714302 (Refugee)

The applicant, a Hindu of Tamil ethnicity from Melaka, Malaysia, sought a protection visa in Australia. He claimed to have been threatened by local Muslims due to his religion, culminating in the vandalism of a Hindu temple and his car. He further alleged that the Malaysian police failed to act on his report and subsequently threatened him, leading him to fear for his safety and flee Malaysia. The primary issue before the Tribunal was whether the applicant qualified for protection as a refugee or on complementary protection grounds.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of religion, or if he would suffer significant harm as a necessary and foreseeable consequence of removal to Malaysia, thereby meeting the criteria for complementary protection. This involved assessing the credibility of his claims regarding threats, vandalism, and police inaction, as well as considering the availability of internal relocation or state protection within Malaysia. The Tribunal also had to consider relevant policy guidelines and country information assessments.

In its reasoning, the Tribunal noted that while the applicant claimed to be a member of a temple committee and alleged threats and vandalism by local Muslims, he did not suggest the harassment continued after the incident. Furthermore, the Tribunal considered the applicant's claims about police threats and the general presence of Muslims in Malaysia, which he argued rendered relocation futile. However, the Tribunal ultimately concluded that the applicant did not satisfy the criteria for a protection visa, either as a refugee or on complementary protection grounds.

The Tribunal affirmed the decision not to grant the applicant a protection visa.