1805682 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The applicant claimed to be a gay or homosexual man who had attended a party hosted by an LGBT group, leading to his arrest and detention in Malaysia. He alleged he was bailed by his family and fled before facing trial, and that his family and friends subsequently shunned him due to his sexuality. The Tribunal was required to determine whether the applicant had established a well-founded fear of persecution or a real risk of significant harm upon removal from Australia, and consequently, whether Australia owed him protection obligations under the Migration Act 1958.

The Tribunal found that the applicant's claim was vague and lacked sufficient detail, particularly concerning his claimed sexuality, the circumstances of his attendance at the party, his arrest and detention, and the basis for any alleged trials. The Tribunal emphasised that the onus was on the applicant to provide all particulars of his claim and sufficient evidence, and that the Tribunal was not obliged to assist in establishing the claim. Based on the limited evidence presented, the Tribunal did not accept the applicant's assertions regarding his sexuality, attendance at the party, arrest, detention, or impending trials.

Consequently, the Tribunal concluded that the applicant did not face a real chance of serious harm or a real risk of significant harm for the reasons advanced, nor for any other reason. The Tribunal was not satisfied that the applicant met the criteria for being a refugee or for complementary protection under sections 36(2)(a) or 36(2)(aa) of the Act. The Tribunal affirmed the decision not to grant the applicant a protection visa.