1929411 (Refugee)

The applicant, a Malaysian citizen of Chinese ethnicity and Christian faith, sought a protection visa in Australia. He claimed to fear harm from investors in a failed investment scheme in Malaysia, alleging that he was convicted and that authorities failed to protect him and his family. Malaysia was accepted as the receiving country.

The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, or membership of a particular social group, or whether there were substantial grounds for believing that he would suffer significant harm as a necessary and foreseeable consequence of removal to Malaysia. This involved assessing the availability of effective protection measures in Malaysia and whether the applicant could reasonably relocate within Malaysia to avoid harm.

The court affirmed the delegate's decision, finding that the applicant had not provided sufficient detail to establish a real chance of persecution or a real risk of significant harm. The applicant did not appear before the Tribunal to give evidence, and no additional information was provided to support his claims. The court concluded that the applicant had not demonstrated that he could not obtain protection from Malaysian authorities or that relocation would be unreasonable, and therefore did not satisfy the criteria for a protection visa.