1714536 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual who claimed to have been threatened by a gangster group in Malaysia. The applicant alleged that these threats extended to his family, although he stated that no threats had been made since his arrival in Australia. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or was entitled to complementary protection.

The Tribunal's assessment involved evaluating the applicant's claims against the relevant legislative criteria, including sections 5H and 36 of the Migration Act 1958. This required considering whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether there was a real chance of such persecution in Malaysia. The Tribunal also considered the concept of complementary protection, which requires substantial grounds for believing that removal would result in a real risk of significant harm. In its determination, the Tribunal took into account policy guidelines from the Department of Immigration and country information reports from the Department of Foreign Affairs and Trade.

The Tribunal found significant inconsistencies and a lack of detail in the applicant's evidence, particularly concerning the alleged threats and his travel history. The Tribunal noted discrepancies in passport stamps regarding his travel to other countries and the timing of his departure from his family home. Furthermore, the Tribunal considered the applicant's delay in applying for protection and his current employment in Australia. Ultimately, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm, and therefore did not satisfy the criteria for a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.