1930581 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision concerning an applicant for a protection visa. The applicant claimed he left Malaysia due to being threatened with forced marriage to a Muslim woman, which he believed would place him in danger upon return. He also asserted that Malaysian authorities would not protect him due to corruption and racism against non-Muslims, and that relocation within Malaysia would be ineffective. The delegate had previously found that Australia had no protection obligations towards the applicant.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee or a person in respect of whom Australia had complementary protection obligations. This involved assessing the applicant's claims of fear of persecution and significant harm in Malaysia, and considering whether he had provided sufficient evidence to substantiate these claims. The Tribunal also had to consider the applicant's consent to a decision being made on the papers without a hearing.

The Tribunal reasoned that it is the applicant's responsibility to specify all particulars of their claim and provide sufficient evidence, and that the Tribunal is not obliged to establish the claim for the applicant. The applicant had declined to attend a hearing and consented to a decision on the papers. Despite being invited to provide additional information, the applicant failed to do so. The Tribunal found the applicant's claims to be inconsistent and illogical, and that he had provided insufficient information or evidence to establish that he would face harm or persecution if returned to Malaysia. The Tribunal also noted that the applicant had not demonstrated that relocation within Malaysia would be unreasonable or that effective protection measures were unavailable.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.