1724793 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a Malaysian citizen. The applicant claimed to have left Malaysia due to difficulties finding employment with his educational background and stated that his family depended on him for financial support. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth).

The primary legal issue was whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there was a real risk of significant harm upon removal to Malaysia. The Tribunal examined the applicant's claims regarding his low level of education, financial difficulties, and his family's reliance on him. It also considered the applicant's assertion that he could not seek better human rights justice in any other country besides Australia.

The Tribunal reasoned that the applicant had not established a well-founded fear of persecution based on any of the specified grounds. While acknowledging the applicant's low education and financial circumstances, the Tribunal found that his claim of being a sole financial supporter was undermined by the existence of adult brothers who were capable of working, and by the fact that his mother had a stall from which she provided money to his brothers. Furthermore, the applicant's ability to borrow money from a village religious fund for his airfare suggested the availability of community support. The Tribunal concluded that the applicant did not satisfy the refugee criterion under section 36(2)(a) and, consequently, did not meet the criteria for a protection visa.

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