1826288 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to a Malaysian national. The applicant claimed she left Malaysia due to significant educational and personal loan debt, fearing she would be blacklisted and unable to find suitable work upon return, leading to an inability to repay her debts and support herself and her family. She expressed a desire to remain in Australia to improve her qualifications.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she was a refugee or, alternatively, whether there were substantial grounds for believing that her return to Malaysia would pose a real risk of significant harm. The applicant explicitly stated she did not fear persecution for any reason, but rather economic hardship and difficulty in securing employment sufficient to manage her financial obligations.

The Tribunal considered the applicant's evidence regarding her student debt and her stated fears upon return to Malaysia. It noted that the applicant did not fear persecution but rather economic difficulties. Applying the principles of the *Migration Act 1958* (Cth), the Tribunal found that the applicant did not meet the definition of a refugee as she did not have a well-founded fear of persecution. Furthermore, the Tribunal concluded that the economic hardship she feared did not amount to significant harm as defined by the Act, particularly as she did not claim to be unable to subsist. The Tribunal also addressed the applicant's request to include her child in the application, noting that the child was born after the delegate's decision and that any protection claims for the child would need to be made separately.

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