1823695 (Refugee)

The applicant, a Malaysian citizen, sought review of a decision to refuse his protection visa application. The applicant claimed he was a former member of a gang in Malaysia and feared harm from other gang members, including threats to kill him, following his decision to leave the gang. He also stated he had a poor reputation with the Malaysian police due to past convictions for minor offences and believed they would not assist him. The Department of Home Affairs had refused his application, finding he could obtain protection from Malaysian authorities.

The core legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either under the "refugee" criterion or the "complementary protection" criterion. This required the Tribunal to assess whether the applicant had a well-founded fear of persecution for a Convention reason, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, he faced a real risk of suffering significant harm. The Tribunal also considered whether effective protection measures were available to the applicant in Malaysia.

The Tribunal considered country information regarding gangs in Malaysia, noting that while illegal gangs operate, details of their activities are difficult to obtain as victims often do not report them. The Tribunal found the applicant to be a Malaysian citizen, as he had consistently claimed and provided supporting documentation. However, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. It found no basis to conclude that the applicant had a well-founded fear of persecution for a Convention reason, nor that he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Malaysia. The Tribunal also noted that the applicant's wife and child were not applicants in this matter.

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