1910741 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa in Australia. The dispute arose from the refusal of his application by the Department, a decision subsequently affirmed by the Tribunal. The applicant claimed to fear persecution upon return to Malaysia due to his past involvement with a loan shark gang, alleging threats of violence and coercion to traffic drugs.

The core 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) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to Malaysia. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available in Malaysia.

The Tribunal considered the applicant's claims in light of the *Migration Act 1958* and relevant guidelines. It found that the applicant was a Malaysian citizen and that Malaysia was the relevant receiving country. The applicant's narrative detailed his business failure, subsequent borrowing from a loan shark, and the threats and violence he and his family allegedly faced. However, the Tribunal did not find that the applicant satisfied the criteria for a protection visa under section 36(2)(a) or (aa). The decision does not specify the precise reasons for this finding, but it concludes that the applicant does not satisfy the criterion in section 36(2) generally, nor does he satisfy it as a member of the same family unit as a person who holds a protection visa.

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