1821407 (Refugee)

The applicant, a national of Malaysia, sought a protection visa in Australia. The dispute concerned whether the applicant had a well-founded fear of persecution in Malaysia or, alternatively, whether there was a real risk of significant harm if returned to Malaysia. The matter was before the Tribunal for review of a decision to refuse the visa.

The Tribunal was required to determine two primary issues: first, whether the applicant met the definition of a refugee under section 5H of the *Migration Act 1958* (Cth), specifically by having a well-founded fear of persecution for one of the five prescribed reasons; and second, if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, the applicant faced a real risk of suffering significant harm, as defined by section 36(2)(aa) and section 36(2A) of the Act.

The Tribunal considered the applicant's claims that he left Malaysia due to business failure, accumulating significant debts from money lenders, and facing threats. However, the Tribunal found that the applicant did not satisfy the refugee criterion. It then assessed the complementary protection criterion, considering Malaysia as the receiving country. The Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Malaysia. The Tribunal affirmed the decision not to grant the applicant a protection visa.