1831807 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed he feared persecution upon return to Malaysia due to business debts and alleged involvement with drug trafficking, which he stated was facilitated by corrupt law enforcement and dangerous drug pushers. The applicant arrived in Australia in December 2017 and submitted his protection claims in March 2018.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm if returned to Malaysia. The Tribunal was required to assess the applicant's claims against the relevant provisions of the Act, including the definition of a well-founded fear of persecution and the meaning of significant harm, while also considering Ministerial Direction No. 84 and associated guidelines.

The Tribunal found that the applicant had not discharged his responsibility under section 5AAA of the Act to provide sufficient particulars and evidence to establish his claims. The applicant himself conceded during the hearing that some of the claims in his application, particularly those concerning drug trafficking, were not correct and had been included by another person. Regarding his debts, the Tribunal noted the availability of government support services in Malaysia for individuals facing repayment difficulties, including those involving illegal money lenders, and that police action is taken against such organisations. The Tribunal was not satisfied that there was a real chance the applicant would face persecution or significant harm upon return to Malaysia, nor that he would be unable to access effective protection measures.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under either section 36(2)(a) or 36(2)(aa) of the Act.