1926078 (Refugee)

The applicants, who claimed to be Malaysian nationals of ethnic Chinese descent, sought a protection visa after their initial travel authority expired, rendering them unlawful non-citizens in Australia. Their application was refused by the Department of Home Affairs, and they subsequently sought merits review of this decision before the Tribunal. The applicants alleged they had experienced serious racial discrimination in Malaysia, including kidnapping and threats, and feared they would not receive protection from Malaysian authorities upon return due to their ethnicity.

The Tribunal was required to determine whether the applicants met the criteria for a protection visa, specifically whether they qualified as refugees under section 36(2)(a) of the *Migration Act 1958* (Cth) due to a well-founded fear of persecution, or whether they were entitled to complementary protection under section 36(2)(aa) due to a real risk of significant harm upon removal to Malaysia. The Tribunal also considered whether the applicants had access to effective protection measures in Malaysia.

The Tribunal affirmed the decision to refuse the protection visa. It found that the applicants had not provided sufficient evidence to establish a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 5J of the Act. Furthermore, the Tribunal noted that the applicants failed to attend a scheduled hearing, despite multiple attempts by the Tribunal to contact them, and did not provide any further information or arguments. Consequently, the Tribunal concluded that the applicants did not satisfy the criteria for a protection visa.