1731282 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear harm from a bank and loan sharks in Malaysia, alleging that their house and assets were auctioned after they borrowed money for their children's medical treatment, and that they were subsequently punched and threatened. The applicant's wife and children had relocated to their family's village and had not experienced harm.

The primary legal issue before the court was whether the applicant's fear of harm from the bank and loan sharks constituted a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). Specifically, the court considered whether borrowers from loan sharks constituted a "particular social group" for the purposes of the definition of a refugee.

The court considered country information regarding government and police initiatives in Malaysia to address issues related to loan sharks. It reasoned that while the applicant had experienced significant financial hardship and threats, the evidence did not establish that borrowers from loan sharks formed a particular social group as defined by international refugee law. The court found that the harm feared was primarily financial and related to debt recovery, rather than persecution based on membership of a particular social group.

The decision under review was affirmed.