1717054 (Refugee)

This matter concerned an application for protection visas by a group of applicants, with the first applicant making individual claims. The primary dispute revolved around whether the applicants qualified for protection in Australia as refugees or on complementary protection grounds. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which relates to a well-founded fear of persecution, or alternatively, under section 36(2)(aa), which concerns complementary protection. A further issue was the reliability of the first applicant as a witness, given the inconsistencies in his evidence.

The Tribunal considered the first applicant's claims of political involvement with the People's Justice Party (PKR) and participation in demonstrations against the Malaysian government, alleging threats and intimidation by police and pro-government groups, damage to his property, and harassment of his family. However, the Tribunal found the first applicant's evidence to be inconsistent and concluded that there was no real chance of persecution for any of the applicants. The Tribunal also took into account relevant policy guidelines and country information assessments as required by Ministerial Direction No. 56.

Ultimately, the Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the criteria for either refugee or complementary protection.