1732911 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a protection visa who is a citizen of Malaysia. The applicant claimed to be a victim of a loan shark, alleging physical assault and ongoing threats to himself and his family, including vandalism of his property. The applicant sought protection in Australia due to a well-founded fear of persecution or significant harm if returned to Malaysia.

The Tribunal was required to determine whether the applicant faced a real chance or real risk of suffering serious harm in Malaysia due to his race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of his removal to Malaysia, he faced a real risk of suffering significant harm. This involved considering the applicant's claims regarding the loan shark, the alleged threats, and the availability of state protection in Malaysia.

The Tribunal considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'. It noted that the applicant had lodged his protection visa application significantly after his arrival in Australia. While acknowledging the applicant's account of being pressured by a money lender and experiencing threats, the Tribunal ultimately concluded that the applicant did not satisfy the criteria for a protection visa. The Tribunal affirmed the decision not to grant the visa.