1910100 (Refugee)

The applicant, a national of Malaysia, sought merits review of the Department of Home Affairs' decision to refuse his application for a protection visa. The applicant claimed he left Malaysia due to experiencing physical harm and unfair treatment based on his Chinese Malaysian ethnicity, including extortion by a Malay gang, discrimination by teachers, and mistreatment by police. He also alleged ongoing racism and violence from customers in a fruit shop, and that authorities would not protect him due to their own racism. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee or entitled to complementary protection.

The Tribunal considered the applicant's claims in light of the relevant legislative provisions, including sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958, which define refugee status and complementary protection. The Tribunal noted that the applicant had failed to attend a scheduled hearing, despite being notified of its importance and the potential consequences of non-attendance. Attempts to contact the applicant by telephone on the day of the hearing were unsuccessful, with calls going to voicemail.

Given the applicant's failure to attend the hearing or provide further information, the Tribunal concluded that it could not make a favourable decision based on the material before it. The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criterion under section 36(2) of the Act.