1729625 (Refugee)

The applicant, who arrived in Australia in May 2017, sought a protection visa, claiming fear of economic hardship and bankruptcy if returned to Malaysia due to business failure and outstanding bank loans. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he faced persecution for reasons outlined in section 5J(1)(a) of the Migration Act 1958, or alternatively, whether Australia had protection obligations under the complementary protection criterion in section 36(2)(aa) due to a real risk of significant harm.

The Tribunal considered the applicant's claims of economic hardship, including the threat of bankruptcy, in light of the statutory definitions of "serious harm" and "significant economic hardship that threatens the person's capacity to subsist" under section 5J(5)(d) of the Act. The Tribunal noted that the applicant's claims did not appear to be based on race, religion, nationality, political opinion, or membership of a particular social group, but rather on financial difficulties. The Tribunal also had regard to Ministerial Direction No. 56 and relevant policy guidelines and country information.

The Tribunal found that the applicant's fear of economic hardship and bankruptcy in Malaysia did not constitute persecution for the reasons specified in section 5J(1)(a) of the Act, nor did it meet the threshold for significant harm under the complementary protection provisions. The Tribunal concluded that the applicant had not provided sufficient evidence to establish that he would face a real risk of significant harm, as defined by the Act, upon return to Malaysia. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.