1829009 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse a protection visa. The applicant, who identified as Kadazan from Sabah, Malaysia, claimed to have experienced discrimination and hardship in accessing professional employment due to his ethnicity and the economic conditions in Malaysia. The applicant argued that he faced systemic racism and a lack of equal opportunity in public and private sector jobs, which led him to seek protection in Australia.

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia owed protection obligations. This required the Tribunal to consider whether the applicant met the refugee criterion under s 36(2)(a) of the Migration Act 1958 (Cth) or, alternatively, the complementary protection criterion under s 36(2)(aa) by demonstrating a real risk of significant harm if removed to Malaysia. The Tribunal was also mandated to consider relevant Ministerial Directions, Refugee Law Guidelines, Complementary Protection Guidelines, and country information.

The Tribunal affirmed the delegate's decision, concluding that the applicant had not established that Australia had protection obligations towards him. While acknowledging the applicant's claims of hardship and discrimination, the Tribunal found that the evidence did not demonstrate a real risk of significant harm. The Tribunal noted the applicant's academic family background, his parents' property ownership, and his sister's professional employment in Sabah, inferring that the applicant might also inherit property and had a supportive family network. The Tribunal considered the applicant's submissions regarding systemic discrimination against ethnic minorities in Malaysia, including articles and social media content, but ultimately found these did not establish a sufficient risk to meet the threshold for protection obligations.