1823976 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa in Australia. The dispute concerned whether Australia had protection obligations towards the applicant, who claimed to fear financial hardship and threats from loan sharks upon return to Malaysia. The decision was made by Alison Murphy, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under either the 'refugee' criterion (s 36(2)(a) of the Migration Act 1958) or the 'complementary protection' criterion (s 36(2)(aa)). 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 found that the applicant had not experienced past harm in Malaysia and that her claims related primarily to economic hardship and debt, including to loan sharks. While acknowledging the applicant's stated fear of financial problems and threats from loan sharks, the Tribunal did not find these fears to constitute a well-founded fear of persecution or a real risk of significant harm as defined by the Act. The Tribunal considered the applicant's personal circumstances and the country information available, ultimately concluding that the applicant did not satisfy the criteria for a protection visa.

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