2011036 (Refugee)

This matter concerned an appeal by a Malaysian national against a decision not to grant him a protection visa. The applicant had lodged his protection visa application after entering Australia on an Electronic Travel Authority. The case was previously remitted to the Tribunal by the Federal Circuit Court due to an error in the notification of the delegate's refusal decision, specifically that it did not clearly state the time by which an application to the Tribunal was to be made, as required by s.66(2)(d)(ii) of the Migration Act 1958.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under s.36 of the Act. This involved 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 there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Malaysia, he would suffer significant harm.

The Tribunal considered the applicant's initial claims of economic hardship and fabricated circumstances regarding his family situation, which he admitted were written by an agent. The applicant then raised a fear of COVID-19 due to higher case numbers in Malaysia. The Tribunal found no evidence that the applicant would not receive medical treatment or vaccination in Malaysia, and noted that the pandemic affected the general population. The applicant also expressed a desire to earn money in Australia, which the Tribunal clarified was not a valid reason for a protection visa. Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under s.36(2) of the Act, including that he was not a member of the same family unit as a person who satisfied the criteria for a protection visa.