2004597 (Refugee)

The applicant, a Malaysian national, sought a protection visa, claiming to fear persecution due to his Christian faith. The dispute concerned whether the applicant met the criteria for a protection visa under Australian law. The matter was heard by Gabrielle Deal, a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, specifically his religion, and whether Australia had protection obligations towards him. This involved determining if the applicant could establish a real chance of suffering significant harm in Malaysia on account of his Christian faith, and if effective protection measures were available to him in that country.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant had not discharged his onus to establish the statutory criteria. While accepting the applicant was a Chinese Malaysian Christian, the Tribunal noted his claims of persecution were general and not linked to his personal circumstances or past experiences. The applicant had not provided evidence of his own religious practice or any specific harm he had personally faced. Instead, he relied on broad statements about the treatment of Christians in Malaysia. The Tribunal reiterated that the responsibility lies with the applicant to specify all particulars of their claim and provide sufficient evidence, and that the Tribunal is not obliged to make or assist in establishing the case. Consequently, the applicant failed to demonstrate a well-founded fear of persecution as required by the Act.