1818365 (Refugee)

The applicant, a Malaysian national, sought a protection visa in Australia after arriving in 2017. The core dispute concerned whether Australia had protection obligations towards the applicant, as required for the grant of a protection visa. The matter was heard by a member of the Tribunal.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee or entitled to complementary protection. This involved assessing whether the applicant had a well-founded fear of persecution in Malaysia, or if there were substantial grounds for believing that his removal from Australia would result in a real risk of significant harm.

The Tribunal found that the applicant did not leave Malaysia due to a fear of persecution, but rather in pursuit of well-paid employment. During the hearing, the applicant stated he was not frightened of returning to Malaysia and that a claim of fear of harm, initially made on his application, was written by someone else without his full awareness. The Tribunal concluded that nothing had occurred during his time in Australia to create a fear of harm upon return. While acknowledging the applicant's family was poor, the Tribunal found the economic circumstances he would return to were not so dire as to threaten his subsistence, particularly given his education and prior work experience. The Tribunal applied the criteria for refugee status and complementary protection, finding that the applicant failed to demonstrate a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.