1720998 (Refugee)

This matter concerned an application for a protection visa by an individual who claimed to have left Malaysia due to financial and political issues that prevented him from obtaining employment and generating income. The applicant asserted that upon return to Malaysia, he would be jobless, unable to afford housing, and had no alternative place to live, having been denied assistance by a government organisation. The applicant also claimed that relocating within Malaysia was not feasible due to a lack of funds and a worsening economic situation. The Administrative Appeals Tribunal affirmed the decision not to grant the protection visa.

The core legal issues before the Tribunal were whether the applicant faced a real chance of persecution in Malaysia for one or more of the five prescribed reasons under section 5J(1)(a) of the Migration Act 1958, and if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Malaysia, he faced a real risk of suffering significant harm under section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines', as well as country information. It was noted that an inability to save money or current economic difficulties in Malaysia did not, in themselves, constitute grounds for protection. The Tribunal found that the applicant had not satisfied the criteria for a protection visa, and there was no suggestion that he qualified as a member of the same family unit as a person who did satisfy the criteria. Consequently, the Tribunal affirmed the decision not to grant the visa.