1808016 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958* (Cth). Section 36(2)(a) relates to being a refugee with a well-founded fear of persecution, while section 36(2)(aa) concerns the risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country.

The Tribunal affirmed the decision not to grant the visa. The reasoning was that the applicant had failed to provide sufficient detail in their application to satisfy the Tribunal that they faced a real chance of persecution in Malaysia or that there were substantial grounds to believe they would suffer significant harm upon removal. The Tribunal emphasised that the onus is on the applicant to establish their claim by providing sufficient particulars and evidence, and a decision-maker is not required to construct the applicant's case for them. The applicant did not satisfy the criterion under section 36(2)(a) or (aa), nor was there any suggestion they met the criteria as a family member under section 36(2)(b) or (c).