1721987 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to have left Malaysia due to political and economic issues, fearing he would be unable to find work and support himself and his family upon return. He also alleged past harm due to unemployment and stated that Malaysian authorities could not protect him due to the country's economic and political instability.

The primary legal issues before the court were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 36(2)(a) of the Migration Act 1958 (Cth), or alternatively, whether there were substantial grounds to believe 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 court was required to consider relevant country information and guidelines, including those pertaining to refugee law and complementary protection.

The court found that the applicant had not established a well-founded fear of persecution. His claims of political and economic issues in Malaysia, and the resulting inability to find work and support himself, did not meet the threshold for persecution under the Act. Furthermore, the court determined that there was no real risk of significant harm upon return to Malaysia, as the applicant had not demonstrated that the alleged risks were not faced by the general population or that he could not reasonably relocate within Malaysia to an area where such risks would not exist. The applicant also did not satisfy the criterion of being a family member of a person who met the protection visa criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.