1826224 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically the refugee criterion under section 36(2)(a) of the Migration Act 1958 (Cth). The matter was before the Tribunal for review of a decision not to grant the visa.

The Tribunal was required to determine if the applicant held a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, such that Australia had protection obligations. This involved assessing whether there was a real chance of persecution in Malaysia, the applicant's country of nationality, and whether effective protection measures were available to him there.

The Tribunal found that the applicant's stated fear of harm in Malaysia, as outlined in his protection visa application, was not substantiated. He initially claimed fear related to his former occupation as a [Occupation 1], but later clarified this was incorrect and he did not fear discrimination in that role. His primary concern upon return to Malaysia was difficulty finding work due to his age (over 50) and lack of funds, stemming from debts to an unlicensed money lender which he stated he had repaid. The Tribunal considered country information indicating low unemployment rates for men over 50 in Malaysia, suggesting a high likelihood of employment. While acknowledging the applicant's concerns about his capacity to subsist, the Tribunal noted his existing familial network in Malaysia and friends who had assisted him in Australia, indicating potential support for finding work. 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.