1829092 (Refugee)

The applicant, who arrived in Australia in May 2018, sought a protection visa, claiming a fear of harm from both Filipino individuals and groups, and Malaysian authorities. His claims were based on his alleged membership in a separatist group, Sabah Sarawak Exit Malaysia (SSKM), and his opposition to illegal immigration and Islamisation in Malaysia. The delegate rejected his application in October 2018, and the applicant subsequently sought review of this decision by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had substantial grounds for believing that he would suffer significant harm if returned to Malaysia, either due to a well-founded fear of persecution for reasons of political opinion or under the complementary protection provisions. This involved assessing the credibility of the applicant's claims, the consistency and corroboration of his evidence, and the relevant country information pertaining to the risks he alleged.

The Tribunal affirmed the delegate's decision, finding the applicant's claims to be vague, inconsistent, and uncorroborated. Significant discrepancies were noted between the applicant's statements during hearings and his written application regarding his personal background, education, family, and the nature and duration of his political activism. Furthermore, the Tribunal found that the SSKM group was not formally organised and was defunct, and that the applicant had not faced further threats or harassment from authorities or Filipino individuals after 2016. The Tribunal concluded that there were no substantial grounds for believing the applicant would suffer significant harm upon return to Malaysia.