1726077 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant, a Malaysian citizen, a protection visa. The applicant arrived in Australia in April 2017 and applied for the protection visa in June 2017. The delegate refused the visa on 4 October 2017, finding the applicant did not satisfy the criteria under s 36(2)(a), (aa), (b), or (c) of the *Migration Act 1958* (Cth). The applicant sought review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him under the 'refugee' criterion (s 36(2)(a)) or 'complementary protection' grounds (s 36(2)(aa)), or if he was a family member of someone who met these criteria (s 36(2)(b) or (c)). The Tribunal also considered the applicant's claims of activism against drug peddling, allegations of land appropriation and false criminal charges in Malaysia, and the credibility of his evidence, including inconsistencies and delays in his application.

The Tribunal considered the applicant's claims in light of the *Migration Act* and relevant guidelines. It declined the request to hear oral evidence from two named individuals, finding their written statements irrelevant to the applicant's protection claims. The Tribunal noted inconsistencies between the applicant's visa application form and his evidence at the hearing regarding assistance received in completing the form. Furthermore, the Tribunal found that photographic documents provided by the applicant lacked accredited translations and therefore could not be given weight. The Tribunal concluded that the applicant did not satisfy the criteria under s 36(2)(b) or (c) of the Act.

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