1828449 (Refugee)

This matter concerned an application for review of a decision by the Department of Home Affairs regarding a protection visa. The applicant, a Malaysian national, initially claimed protection on the grounds of political opinion related to his alleged membership in the group Bersih. However, at the hearing before the Tribunal, the applicant abandoned these original claims and presented new grounds based on employment difficulties and financial hardship experienced in Malaysia and subsequently in Australia.

The primary legal issue before the Tribunal was whether Australia owed protection obligations to the applicant. This required determining if the applicant met the refugee criterion under section 36(2)(a) of the *Migration Act 1958* (Cth) or the complementary protection criterion under section 36(2)(aa) of the Act. The Tribunal was also required to consider the applicant's country of origin information and any protection available to him in another country, as per section 36(3) of the Act.

The Tribunal reasoned that the applicant had abandoned his original claims concerning political opinion and instead relied on new claims of being denied promotion due to corruption and lack of personal connections within the Malaysian Police Force, followed by difficulties in finding alternative employment. The Tribunal noted that the applicant's application for the protection visa was prepared by a third party without his full understanding of its contents, and that the new claims were not supported by a personal statement. After considering the evidence, including country information, the Tribunal concluded that the applicant did not meet the criteria for a protection visa. The Tribunal affirmed the decision under review.