1714356 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa made by a Malaysian national. The applicant sought protection in Australia, claiming he left Malaysia due to difficulties in finding employment and the desire for a better life. He stated he had not experienced harm in Malaysia and did not fear harm upon return.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth) and Schedule 2 of the Regulations. This required the Tribunal to determine if the applicant was a person in respect of whom Australia had protection obligations, either on refugee or complementary protection grounds, by assessing whether he feared persecution or harm if returned to Malaysia.

The Tribunal found that the applicant, a Malaysian national, had provided no evidence suggesting he had a right to enter or reside in a third country. The applicant's evidence indicated he left Malaysia primarily due to unemployment and a desire for a better life, not because of any fear of harm. He conceded that upon return to Malaysia, he would only need to settle a student loan and acknowledged that his work experience in Australia might improve his chances of finding employment there. Crucially, the applicant explicitly stated he did not fear harm on return to Malaysia and that no one would harm him.

Based on the applicant's own evidence, the Tribunal affirmed the decision under review. The applicant failed to demonstrate that he would suffer harm or persecution upon return to Malaysia, and therefore did not meet the criteria for a protection visa.