1725585 (Refugee)

This matter concerned an application for a protection visa by an individual who claimed to be a victim of crime and to fear harm from a Muslim organisation or gangsters in Malaysia. The applicant also cited estrangement from family, depression, and suicidal ideation as reasons for seeking protection. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa.

The legal issues before the Tribunal included 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, as defined by the Migration Act 1958. The Tribunal also had to consider whether, in the alternative, there were substantial grounds for believing that the applicant faced a real risk of suffering significant harm as a necessary and foreseeable consequence of being removed from Australia to Malaysia, under the complementary protection provisions. This involved assessing the applicant's claims of past harm, including being mugged and stabbed, and his current fears, against available country information regarding safety, mental health services, and anti-corruption measures in Malaysia.

The Tribunal considered the applicant's handwritten claims detailing his experiences of crime, family estrangement, and mental health struggles, including suicidal tendencies. It also took into account country information assessments from the Department of Foreign Affairs and Trade, which indicated economic growth, anti-corruption measures, and reasonable access to state protection and mental health services in Malaysia. The Tribunal found that the applicant did not satisfy the criteria for a refugee or for complementary protection, concluding that there was no substantial ground to believe he would suffer significant harm upon return to Malaysia. The Tribunal affirmed the decision not to grant the applicant a protection visa.