1826249 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a Malaysian national. The applicant claimed to fear persecution if returned to Malaysia.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) and whether Australia had protection obligations towards him. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available in Malaysia.

The Tribunal found that the applicant was a Malaysian citizen and had no right to reside in any other country, thus identifying Malaysia as the receiving country. While acknowledging that Malaysia presented a moderate risk of harassment and a low risk of violence, and that state protection might be available but often ineffective, the Tribunal ultimately affirmed the delegate's decision to refuse the protection visa. This was because the applicant did not satisfy the criteria under section 36(2)(b) or (c) of the Act, which relate to being a member of the same family unit as a person who holds a protection visa. The Tribunal concluded that the applicant had not provided evidence to suggest he was a member of such a family unit.