1820471 (Refugee)

The applicant, a citizen of Malaysia, sought a protection visa, claiming he feared persecution in Malaysia due to his alleged homosexuality. The dispute before the Tribunal concerned whether Australia had protection obligations towards the applicant under either the refugee or complementary protection criteria.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) due to a well-founded fear of persecution for reasons of his membership in a particular social group (homosexuals), or alternatively, whether he faced a real risk of significant harm as a necessary and foreseeable consequence of being removed to Malaysia.

The Tribunal affirmed the decision not to grant the protection visa. The applicant's claims regarding his sexuality were found to be not credible, as he later stated he was not gay and had applied for the visa solely to remain in Australia due to stress and difficulty finding employment. The Tribunal accepted that the applicant was a Malaysian citizen and that Malaysia was the receiving country. Given the applicant's disavowal of his homosexuality and his stated reasons for wishing to remain in Australia being economic hardship and stress, the Tribunal concluded that he did not have a well-founded fear of persecution for reasons of his sexuality, nor did he face a real risk of significant harm upon return to Malaysia. The Tribunal also noted there was no suggestion the applicant qualified as a member of the same family unit as a person who met the protection criteria.