1913055 (Refugee)

The applicant sought a protection visa, claiming she could not return to Malaysia due to difficulties surviving, financial issues affecting her insurance, increasing taxes, and an inability to find employment. The applicant stated she was an orphan and would have no financial means to support herself if she returned. The court was required to determine whether the applicant had a well-founded fear of persecution in Malaysia for reasons of 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 her removal to Malaysia.

The court considered the applicant's claims in light of the Department of Foreign Affairs and Trade's country information report on Malaysia. The applicant provided limited supporting documentation, primarily her Malaysian passport, and did not provide further details regarding her economic and financial circumstances. The court noted that Malaysia is classified as an upper middle-income, export-oriented economy with a low unemployment rate and labour shortages in many sectors. While acknowledging economic challenges such as inflation and cost of living increases, the report indicated a significant reduction in poverty since independence and a recovery in economic growth following the COVID-19 pandemic.

Ultimately, the court concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Malaysia. The applicant's claims of economic hardship were not substantiated with sufficient detail to demonstrate a risk of significant harm as defined by the Act, particularly in light of the general economic conditions and available employment opportunities in Malaysia. Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.