1902986 (Refugee)

The applicant, a Malaysian citizen of Malay ethnicity and Islamic faith, sought review of a decision not to grant a protection visa. The applicant initially claimed to have left Malaysia due to being homosexual, but later abandoned this claim. The primary dispute before the Tribunal concerned whether the applicant faced a real risk of serious or significant harm if returned to Malaysia, particularly in light of an alleged assault in November 2018 and subsequent psychological distress.

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) (the Act) by having a well-founded fear of persecution, or alternatively, under section 36(2)(aa) of the Act, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of removal to Malaysia, the applicant would suffer significant harm. The Tribunal was required to determine if the applicant had provided sufficient particulars and evidence to establish these claims, and whether the alleged fear of harm was well-founded.

The Tribunal reasoned that it was the applicant's responsibility to specify all particulars of their claim and provide sufficient evidence, and the Tribunal was not obliged to assist in establishing the claim. The applicant had abandoned their LGBTI claim and had not pursued claims regarding a debt owed to friends. While the applicant alleged an assault in November 2018, the Tribunal was not satisfied that this incident, or any other circumstances, gave rise to a well-founded fear of serious harm or a real risk of significant harm upon return to Malaysia. The Tribunal noted that over five years had passed since the applicant separated from their previous life in Malaysia.

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