1904605 (Refugee)

The applicant, a citizen of Malaysia, sought review of a decision of the Administrative Appeals Tribunal (AAT) which affirmed the Minister's refusal to grant a protection visa. The applicant claimed to fear persecution in Malaysia due to his involvement with a money lending company, alleging he was targeted by loan sharks. The Federal Court had previously remitted the matter to the AAT for reconsideration.

The primary legal issue before the AAT was whether the applicant had established a well-founded fear of persecution for a reason within the meaning of the *Migration Act 1958* (Cth). This required the AAT to assess the applicant's credibility and the objective evidence supporting his claims regarding the threats and dangers he faced from loan sharks in Malaysia.

In its reasoning, the AAT found significant credibility issues with the applicant's evidence. It noted inconsistencies in his account and a lack of corroborating documentation or testimony to substantiate his claims of being targeted by loan sharks. The AAT concluded that the applicant had not discharged the onus of proving that he had a well-founded fear of persecution. Consequently, the AAT affirmed the original decision to refuse the protection visa.