1808148 (Refugee)

The applicant, an ethnic Chinese national, sought review of a decision affirming the refusal of a protection visa. The applicant claimed to fear harm from a criminal gang in Malaysia, alleging they demanded protection money for his father's business, subsequently ransacked the business, and attacked him. He further asserted that the police were inactive in addressing these issues, leading to his relocation and subsequent return, during which the harassment continued.

The primary legal issues before the court were whether the applicant had established a well-founded fear of persecution for a Convention reason, and whether the delegate had erred in assessing the applicant's credibility and the country information relevant to Malaysia. The court was required to consider the applicant's delay in applying for protection, which occurred after the refusal of his onshore tourist visa, and the absence of supporting evidence for his claims.

In its reasoning, the court considered the applicant's account in light of the available country information concerning the situation of ethnic Chinese in Malaysia and the prevalence of criminal gang activity. The court found that the delegate had adequately assessed the applicant's credibility, taking into account the inconsistencies and lack of corroboration in his evidence, as well as the significant delay in lodging his protection visa application. The court affirmed the delegate's conclusion that the applicant had not established a well-founded fear of persecution. The decision under review was affirmed.