2007711 (Refugee)

The applicant, a citizen of Malaysia, sought review of a decision to refuse him a protection visa. The applicant's claims for protection were based on his alleged involvement in a Malaysian political party opposed to the current government, his attendance at a demonstration, and assertions that he would face economic hardship and potential imprisonment in Malaysia. The delegate had previously considered these claims and was not satisfied that the applicant was of interest to Malaysian authorities or that he would face a real risk of significant harm upon removal to Malaysia.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person who would face a real risk of significant harm as a necessary and foreseeable consequence of removal to Malaysia. The Tribunal was required to consider the applicant's claims in light of the definition of a refugee, well-founded fear of persecution, and the meaning of significant harm, as well as relevant country information and guidelines.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal accepted that Malaysia was the applicant's receiving country but was not satisfied that his involvement in political activities or the general economic conditions in Malaysia would lead to persecution or significant harm as defined by the Act. The Tribunal also noted that no further material or written arguments were provided by the applicant in response to the Tribunal's invitation to do so. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.