1719471 (Refugee)

The applicant, a Malaysian national, sought a protection visa based on a fear of gang violence if returned to Malaysia. He claimed to have injured a member of a notorious Malaysian gang during an argument involving his associates, and believed the gang was seeking him and would harm him anywhere in Malaysia. The Administrative Appeals Tribunal (AAT) was required to determine the credibility of the applicant's claims and whether he met the criteria for a protection visa under the Migration Act 1958 (Cth).

The Tribunal considered the applicant's evidence regarding his alleged membership in a group called '[Gang 1]', which he described as an informal association of young men who help each other. The applicant provided inconsistent and vague details about the group's activities, leadership, and membership, and stated that the group did not engage in illegal activities or possess a strong group identity typically associated with terms like 'gang' or 'mafia'. The Tribunal also noted discrepancies in the applicant's account of his past travels and employment history.

Applying the AAT's Migration and Refugee Division Guidelines on the Assessment of Credibility, the Tribunal found much of the applicant's evidence to be vague, changeable, and lacking the detail expected from personal experience. This led the Tribunal to have significant doubts about the entirety of his claims. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act.