1715280 (Refugee)

The applicant, a citizen of Malaysia, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear persecution in Malaysia due to his participation in the 'Bersih' rallies, which aimed to replace the Najib government, and specifically the Bersih 2.0 rally. The applicant contended that his involvement in these rallies meant he belonged to a particular social group and that he would be persecuted for his political opinion upon return to Malaysia.

The primary legal issues before the court were whether the applicant's claims of fear of persecution were well-founded, and whether he belonged to a particular social group or held a political opinion that would place him at risk of persecution. The court was required to assess the credibility of the applicant's claims and determine if the Minister's delegate had erred in finding that the applicant had not established a well-founded fear of persecution.

The court affirmed the delegate's decision, finding that the applicant's claims lacked sufficient clarity and detail to establish a well-founded fear of persecution. The delegate's credibility assessment was found to be reasonable, and the court concluded that the applicant had not demonstrated that he would be persecuted for reasons of his political opinion or membership in a particular social group. Consequently, the application for review was dismissed.