1833402 (Refugee)

The applicant, a Malaysian citizen of Chinese ethnicity, sought a protection visa in Australia. The dispute concerned his claims of fear of harm from his stepfather upon return to Malaysia. The matter came before the Tribunal for review of a previous decision.

The 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 complementary protection. Specifically, the Tribunal had to determine if the applicant held a well-founded fear of persecution for a Convention reason, or if there was a real risk of significant harm as a necessary and foreseeable consequence of his removal to Malaysia.

The Tribunal considered the applicant's background, including his ethnicity and family situation in Penang, Malaysia. It noted the applicant's account of past violence and threats from his stepfather, and his report to the police which yielded no action. However, the Tribunal found that the fear of harm from the stepfather did not extend to all areas of Malaysia, and that relocation within Malaysia was a feasible option. Consequently, the Tribunal concluded that the applicant did not meet the criteria for a protection visa under either section 36(2)(a) or 36(2)(aa).

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