1838171 (Refugee)

This matter concerned an application for review of a decision by the Refugee Tribunal. The applicant sought a protection visa, claiming he had a well-founded fear of serious harm if returned to Malaysia. The dispute centred on whether the applicant met the criteria for a protection visa, specifically the "refugee criterion" under s 36(2)(a) or the "complementary protection criterion" under s 36(2)(aa) of the Act.

The court was required to determine if the applicant had established a well-founded fear of serious harm. This involved assessing the applicant's claims regarding a loan from loan sharks ("Ah Long") in Malaysia, the threats he allegedly faced due to outstanding debt, and his conversion from Christianity to Islam. The Tribunal was also required to consider relevant guidelines and country information prepared by government departments.

The Tribunal found that the applicant had not satisfied the requirements for a protection visa. While acknowledging the applicant's claims about borrowing money from loan sharks and facing threats, the Tribunal was not satisfied that these circumstances, or his religious conversion, gave rise to a well-founded fear of serious harm. The applicant's evidence regarding the loan, including the amount borrowed, interest rates, and the security provided, was not sufficiently substantiated to establish the necessary level of risk. Consequently, the Tribunal affirmed the decision under review.