1905642 (Refugee)

The applicant sought review of a delegate's decision to refuse her a protection visa. The delegate had found that the applicant could obtain effective protection from Malaysian authorities and therefore did not have a well-founded fear of persecution, nor was she owed complementary protection. The applicant's claims centred on her father's unpaid debts to loan sharks, alleging that she and her family had been harassed, threatened, and physically assaulted by individuals associated with these lenders. She feared being kidnapped and sold to repay the debts and that her family would continue to be harassed if she returned to Malaysia.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which concerns being a refugee with a well-founded fear of persecution, or under section 36(2)(aa), which relates to complementary protection where there is a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The court also considered the evidence presented, including photographs and a video of a claimed attack on her family home, and a tenancy agreement.

The Tribunal considered the applicant's claims in light of the relevant legislative provisions, including the definitions of "refugee," "well-founded fear of persecution," and "significant harm." It noted that the applicant had provided limited information regarding her father's debts and the specifics of the threats. The Tribunal found that the applicant had not satisfied the criteria for a protection visa under either section 36(2)(a) or 36(2)(aa). Specifically, it was not satisfied that Australia had protection obligations towards the applicant, as there was no evidence that she faced a well-founded fear of persecution or a real risk of significant harm upon return to Malaysia, particularly given the possibility of relocation or obtaining protection from Malaysian authorities.

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