1824047 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of a male Muslim applicant from Malaysia seeking a Protection visa in Australia. The applicant had arrived in Australia in November 2017 and applied for the visa in February 2018, claiming he needed to support his family financially due to his father's age, his brother's amputation and the need for a prosthetic, and the economic crisis in Malaysia. He also expressed a desire to alleviate his family's burden by seeking protection in Australia.

The legal issues before the Tribunal were whether the applicant would face persecution in Malaysia for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J(1)(a) of the Migration Act 1958, and consequently whether Australia had protection obligations under section 36(2)(a). If not, the Tribunal was required to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Malaysia, the applicant would suffer significant harm, as defined by section 36(2)(aa) of the Act.

The Tribunal affirmed the delegate's decision not to grant the visa. It found that the applicant's stated reasons for leaving Malaysia, primarily financial hardship and the need to support his family, did not constitute persecution for any of the protected grounds under section 5J(1)(a). The Tribunal also concluded that there was no real risk of the applicant suffering significant harm upon return to Malaysia, as contemplated by section 36(2)(aa). The applicant's claims regarding the Malaysian community avoiding disabled individuals and the economic crisis were not considered to meet the threshold for significant harm in the context of the Act.

Consequently, the Tribunal determined that the applicant did not satisfy the criteria for a Protection visa under section 36(2) of the Migration Act 1958. The decision under review was affirmed, meaning the applicant was not granted a Protection visa.