1731113 (Refugee)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse the applicant's protection visa application. The applicant, an Indian Malaysian, claimed he faced significant harm in Malaysia due to harassment and targeting by gang members. The delegate was not satisfied that the applicant met the definition of a refugee or that there were substantial grounds to believe he would suffer significant harm as a necessary and foreseeable consequence of removal to Malaysia.

The Tribunal was required to determine whether Australia had protection obligations towards the applicant, specifically whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of being removed to Malaysia, the applicant faced a real risk of suffering significant harm. This involved considering the applicant's claims of harassment and violence from gang members, the adequacy of the evidence presented, and the relevant provisions of the *Migration Act 1958* (Cth) concerning refugee status and complementary protection.

The Tribunal found that the applicant's original protection visa application may not have accurately reflected his claims due to reliance on his uncle to complete the forms while the applicant had limited English proficiency at the time. The Tribunal noted the applicant's subsequent marriage and birth of a child in Australia, as well as the death of his older brother and the arrival of another brother in Australia, all of which were relevant to his circumstances. Crucially, the Tribunal considered a range of police reports concerning attacks on the applicant and his brothers, and a death certificate for his older brother. The Tribunal concluded that the decision under review should be remitted for reconsideration.