1730036 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to fear persecution in Malaysia due to gambling debts owed to loan sharks, who had allegedly threatened and physically assaulted him when he was unable to repay the borrowed funds. The case came before the Tribunal for review of a delegate's decision to refuse the visa.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958 (Cth), or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, the applicant faced a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information provided by the Department of Foreign Affairs and Trade.

The Tribunal considered the applicant's claims of threats and violence from loan sharks in Malaysia. However, it applied section 36(2B)(b) of the Act, which provides that there is taken not to be a real risk of significant harm if the applicant could obtain protection from an authority of the receiving country. The Tribunal was satisfied that Malaysia was the receiving country and that the applicant was not excluded from Australia's protection obligations. The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.