1720160 (Refugee)

This matter concerned an application for a protection visa by a male applicant, identified by a Malaysian passport, who claimed to fear persecution by gangsters in Malaysia. The applicant alleged he was bullied and beaten for refusing to join their illegal activities and that they threatened his family if he reported them to the authorities. He also claimed he would be unable to relocate within Malaysia due to the gang's widespread connections. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant met the criteria for a protection visa.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution in Malaysia for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J(1)(a) of the *Migration Act 1958* (Cth). If not, the Tribunal also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, the applicant faced a real risk of suffering significant harm, pursuant to section 36(2)(aa) of the Act.

The Tribunal found that the applicant's identity and Malaysian nationality were established by his passport. However, it concluded that the applicant's claims regarding persecution by gangsters lacked sufficient detail to establish a well-founded fear under section 5J(1)(a). Specifically, the Tribunal noted the absence of information regarding the nature, frequency, timing, and location of the alleged bullying and beatings, and any resulting injuries. Without this detail, the Tribunal could not determine if the applicant had suffered past persecution or faced a real risk of future persecution on the grounds specified in the Act. Furthermore, the Tribunal was satisfied that the applicant had been given notice of the lack of sufficient information and a reasonable opportunity to provide further evidence, which he had not done.

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 1958*.