1826215 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or faced significant harm if returned to Malaysia. The matter was heard by Alison Murphy, a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or whether he was a person in respect of whom Australia had complementary protection obligations under section 36(2)(aa) due to a real risk of significant harm upon removal from Australia. The Tribunal also considered whether the applicant was a member of the same family unit as a person who met these criteria, as per sections 36(2)(b) and (c).

The Tribunal found that the applicant, who identified as being of the Murut ethnic group from Sabah, Malaysia, did not establish a well-founded fear of persecution. While the applicant raised claims concerning economic hardship, unemployment, land disputes, and a vague fear of black magic, these claims were not substantiated to the required legal standard. The Tribunal noted inconsistencies in the applicant's evidence and found no reasonable excuse for new claims raised at the hearing not having been presented earlier. Consequently, the Tribunal concluded 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.