1717268 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to be a gay Muslim Malay man from Malaysia. The applicant alleged he had experienced threats and insults due to his sexuality and feared harm if returned to Malaysia, citing societal unacceptance of homosexuality and an inability to seek state protection or relocate within the country. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons, or alternatively, whether there was a real risk of significant harm if he were removed to Malaysia.

The Tribunal applied the criteria set out in section 5J of the *Migration Act 1958* (Cth) concerning well-founded fear of persecution, and section 36(2)(aa) regarding complementary protection and the risk of significant harm. It also had regard to Ministerial Direction No. 56 and relevant Departmental policy guidelines and country information. The Tribunal considered the applicant's claims in light of the evidence before it, including his visa application forms, passport, Malaysian Identity Card, and previous departmental decisions.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal found that the applicant did not satisfy the criterion for a well-founded fear of persecution. Furthermore, it concluded that there were no substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Malaysia, he would suffer significant harm. The Tribunal's decision was based on its assessment of the evidence and the relevant legal provisions.