1815753 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a Malaysian citizen's application for a protection visa. The applicant claimed he feared returning to Malaysia due to family disapproval of his relationship and subsequent arranged marriage of his girlfriend, leading to depression and emotional distress. He stated he had not experienced harm in Malaysia, had not sought help there, and had not attempted to relocate within Malaysia for safety.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 36(2)(a) of the *Migration Act 1958* (Cth), or 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 under section 36(2)(aa) of the Act. The Tribunal was required to consider relevant guidelines and country information in its assessment.

The Tribunal found that the applicant was a Malaysian citizen and assessed his claims against Malaysia as the receiving country. It noted that the applicant had not experienced harm in Malaysia, nor had he sought protection or attempted internal relocation within Malaysia. The applicant's stated reasons for leaving Malaysia related to family disapproval of his marriage plans and the emotional distress caused by his girlfriend's subsequent arranged marriage. The Tribunal concluded that these circumstances did not establish a well-founded fear of persecution for Convention reasons, nor did they demonstrate a real risk of significant harm upon return to Malaysia.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the *Migration Act 1958*.