1801198 (Refugee)

The applicant, a male from Johor, Malaysia, sought a protection visa in Australia. His claim was based on fears of being liable to repay significant sums of money to investors in an investment company he had been involved with, which had subsequently collapsed. He alleged receiving death threats and feeling watched, fearing that upon return to Malaysia, investors might hire gangsters to harm him, and that he could not seek protection from authorities due to potential arrest for fraud. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm upon removal.

The Tribunal considered the applicant's claims in light of the evidence presented and relevant guidelines. It noted that the applicant had clarified his role in the investment company, stating he was paid a commission for introducing investors, rather than being a staff member who also invested. The Tribunal found that the applicant had not established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 5J of the Act. Furthermore, the Tribunal was not satisfied that 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 concluded that the applicant did not meet the criteria for a protection visa under section 36(2)(a) of the Migration Act. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.