1935086 (Refugee)

The applicant, a Malaysian citizen of Chinese ethnicity, sought review of a decision not to grant him a protection visa. The applicant claimed he left Malaysia due to "clan discrimination" and economic hardship, fearing he would be jobless and unable to support his family if returned. He stated he did not believe he would be harmed or mistreated and indicated he could relocate within Malaysia if necessary. The delegate found that while the applicant might face low-level discrimination, it did not meet the threshold for persecution under section 5J of the *Migration Act 1958* (Cth), nor did his economic hardship constitute significant harm for complementary protection.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This required determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if he faced a real risk of significant harm upon removal from Australia. The Tribunal also considered whether the applicant could avail himself of protection within Malaysia or relocate to an area where he would not face such harm.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. His own statements indicated he did not believe he would be harmed and that he could relocate within Malaysia. The Tribunal noted that the applicant did not attend his scheduled hearing, although the application was later reinstated due to issues with his phone access. Ultimately, the Tribunal concluded that the applicant did not satisfy the criterion in section 36(2) of the Act, and therefore, the decision not to grant a protection visa was affirmed.