1819856 (Refugee)

The applicant, a Malaysian national, sought a protection visa in Australia. The dispute arose from the Department's refusal to grant this visa, which the applicant challenged before the Tribunal. The applicant's claim for protection was based on economic instability in Malaysia, particularly following the introduction of a goods and services tax, which she contended made it difficult to meet her expenses and find suitable employment upon return. She argued that as an older woman with no formal qualifications in a small rural town, her prospects of earning a livelihood were severely limited, and that she would be unable to rely on her children for support.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicant had a well-founded fear of persecution as a refugee, or if there was a real risk of significant harm if she were removed from Australia to Malaysia. This involved assessing whether she belonged to a particular social group and whether the economic hardship she claimed constituted serious harm under the Act.

The Tribunal found that the applicant did not meet the criteria for a protection visa. It was satisfied that Malaysia owed protection to the applicant as a citizen and was the receiving country. However, the Tribunal concluded that the economic difficulties described by the applicant, while challenging, did not amount to persecution or serious harm as defined by the *Migration Act*. The Tribunal reasoned that the economic conditions were faced by the population generally and did not involve systematic and discriminatory conduct or a denial of access to basic services or the capacity to earn a livelihood that threatened her subsistence. Furthermore, the Tribunal found no evidence that the applicant was a member of a particular social group that would place her at risk of persecution.

Consequently, the Tribunal affirmed the decision to refuse to grant the applicant a protection visa.