1902392 (Refugee)

The case concerned an applicant for a protection visa who claimed to fear harm from loan sharks in Malaysia. The applicant, a Malaysian national who arrived in Australia in February 2018, alleged that his family had incurred a significant debt in 2015, leading to his father being subjected to violence and his own subsequent harassment. The applicant claimed he was forced to give his salary to the lenders and was threatened with forced labour and organ harvesting if he did not comply. The decision was made by Member Wendy Banfield of the Tribunal.

The central 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, which requires the applicant to be a refugee, or under section 36(2)(aa), which concerns complementary protection obligations where there is a real risk of significant harm as a consequence of removal to a receiving country. The Tribunal was required to assess the applicant's identity, his country of reference, and the credibility of his claims in light of the evidence provided and relevant guidelines.

The Tribunal found that the applicant's identity as a Malaysian national was accepted, and Malaysia was therefore considered the country of reference. However, the Tribunal was not satisfied that the applicant had established a well-founded fear of persecution or a real risk of significant harm. The applicant's account of events, particularly regarding the threats of organ harvesting and forced labour, was found to contain inconsistencies and credibility concerns. The Tribunal noted that the applicant had not provided evidence of seeking assistance from the police, and his claims of torture were not substantiated. Consequently, the Tribunal concluded that the applicant did not satisfy either the refugee criterion or the complementary protection criterion.

The Tribunal affirmed the decision not to grant the applicant protection visas, finding that he did not meet the criteria set out in section 36(2)(a) or (aa) of the Migration Act 1958. As a result, the applicant was also unable to satisfy the criteria under section 36(2)(b) or (c), which relate to family members of visa holders.