1904259 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa, claiming he could not return to Malaysia due to political and economic issues that left him unemployed and unable to support himself and his family. The court was required to determine whether the applicant had a well-founded fear of persecution in Malaysia based on race, religion, nationality, membership of a particular social group, or political opinion, and if not, whether there was a real risk of significant harm as a necessary and foreseeable consequence of his removal to Malaysia.

The court considered the applicant's claims, which were limited to general statements about the political and economic situation in Malaysia affecting his employment prospects. The applicant provided only his passport and no further evidence to substantiate his claims. The court also reviewed country information from the Department of Foreign Affairs and Trade, which indicated Malaysia's classification as an upper middle-income, export-oriented economy with a low unemployment rate of 3.4% in April 2023, and a significant reduction in poverty since independence. The country information also detailed Malaysia's parliamentary system and its recent political instability, but did not suggest widespread persecution or significant harm to the general population.

Applying the legal principles for protection visas, the court found that the applicant had not provided sufficient particulars or evidence to establish a well-founded fear of persecution or a real risk of significant harm. The general economic and political conditions described by the applicant were not found to be so severe as to meet the threshold for significant harm, particularly in light of the country information indicating economic recovery and low unemployment. The court concluded that the applicant did not satisfy the criteria for a protection visa.

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