1936232 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a protection visa application made by an individual who claimed to be threatened by loan sharks in Malaysia. The applicant did not attend the hearing before the Tribunal.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, the applicant would suffer significant harm.

The Tribunal considered the applicant's claims of being threatened by loan sharks due to substantial investment losses and subsequent debt, including allegations of physical harm and the inability of Malaysian police to provide effective protection. However, the Tribunal also had regard to country information indicating that while money lending is a significant problem in Malaysia, the government is attempting to address it, and formal credit agencies can assist in consolidating debts. Crucially, the applicant failed to attend the hearing, and the Tribunal noted that the applicant did not satisfy the criterion under section 36(2) of the Migration Act 1958.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.