1725827 (Refugee)

The applicant, a citizen of Afghanistan, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed he feared harm from his wife's ex-husband, who he alleged was a member of the Taliban and had threatened him. The applicant also contended that he would not have adequate employment opportunities in Malaysia, where he had previously resided, and that this failure to provide adequate employment opportunities constituted a failure to provide protection. The Administrative Appeals Tribunal affirmed the Minister's decision.

The primary legal issue before the court was whether the Tribunal erred in law by failing to adequately consider the applicant's claims regarding the threat posed by his wife's ex-husband and the adequacy of employment opportunities in Malaysia. Specifically, the court was asked to determine if the Tribunal's findings on these matters were supported by the evidence and whether the Tribunal correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

The court found that the Tribunal had adequately considered the applicant's claims regarding the threat from his wife's ex-husband, noting that the Tribunal had made specific findings of fact in relation to this claim. Furthermore, the court held that the Tribunal had correctly applied the law in relation to the assessment of employment opportunities in Malaysia, concluding that the applicant had not established that the lack of employment opportunities in Malaysia would result in him being denied protection. The court affirmed the Tribunal's decision.