1723363 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The applicant claimed to fear harm from money lenders in Malaysia, alleging threats of death, being tracked to another country and beaten, and that Malaysian authorities would not protect him. The applicant's claims were based on a loan he could not repay.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to Malaysia. The court was required to assess the credibility and substance of the applicant's claims in light of the available evidence and relevant guidelines.

The court found that the applicant's claims were vague and lacked sufficient detail and supporting evidence. The applicant's protection visa application form was completed perfunctorily, and the applicant declined a scheduled hearing, thereby forfeiting an opportunity to elaborate on his claims. The court noted that the applicant's Malaysian nationality was established, making Malaysia the country of reference. However, without further information regarding his background, loan circumstances, threats, attempts to report to police, or experiences in another country, the Tribunal could not be satisfied that the applicant genuinely feared harm or that he was unable to obtain protection in Malaysia. The court applied the principles of assessing well-founded fear of persecution and significant harm, considering the need for credible and detailed evidence.

The Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958 (Cth).