1731127 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa in Australia. He claimed to have left Malaysia due to a corrupt and unfair political system, economic collapse, increased unemployment, and racial and religious problems, stating he could not survive there and sought a better life. He also asserted that Malaysian authorities would not protect him. The Department of Home Affairs had assessed him as a Malaysian citizen, and this assessment was accepted by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either under the 'refugee' criterion or under 'complementary protection' grounds. This required determining if he had a well-founded fear of persecution for reasons of race, religion, nationality, or membership of a particular social group, or if there were substantial grounds for believing that removal from Australia would result in a real risk of significant harm.

The Tribunal considered the applicant's claims in light of the Migration Act 1958, including the definitions of 'refugee' and 'significant harm', and relevant guidelines. It found that the applicant had not satisfied the criteria for being a refugee. Furthermore, the Tribunal concluded that the applicant had not demonstrated a real risk of suffering significant harm as a necessary and foreseeable consequence of being removed to Malaysia. The Tribunal accepted that the applicant was a Malaysian citizen and that his family remained in Malaysia. The applicant's stated reasons for leaving, including economic conditions, corruption, and general societal issues like racism and religious problems, were not found to constitute a well-founded fear of persecution or a real risk of significant harm on an individual basis.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958.