1823223 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The applicant claimed that upon return to Malaysia, he would face harm due to defaulting on a bank loan, harassment from debt collectors, and the country's economic conditions, which he argued would prevent him from repaying the debt. The delegate had not been satisfied that the applicant would face serious or significant harm.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him under the 'refugee' criterion or 'complementary protection' grounds. This involved assessing whether the applicant had a well-founded fear of persecution or a real risk of suffering significant harm as a necessary and foreseeable consequence of removal to Malaysia.

The Tribunal Member noted that the applicant had provided no documentation to support his claims regarding the loan, the debt collectors, or his attempts to report the matter to the police. Furthermore, the applicant elected not to attend a scheduled hearing to present further evidence, despite being invited to do so and advised that the material before the Tribunal was insufficient for a favourable decision. The Member found that there was insufficient information to substantiate the applicant's claims and that it was the applicant's responsibility to provide sufficient detail and evidence to establish his claims.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant had not satisfied the criteria under section 36(2) of the Migration Act 1958 (Cth).