2100969 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to fear harm from a criminal loan shark gang in Malaysia. The applicant alleged that a friend of his sister borrowed money from this gang and absconded, leading to demands for repayment from the applicant and his sister. The applicant further claimed he intervened when his sister was assaulted, resulting in injuries to two gang members, and subsequently faced threats and physical harm himself, prompting his departure from Malaysia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically concerning his claims of a well-founded fear of persecution or a real risk of significant harm upon removal to Malaysia. This involved assessing the credibility of his claims, the passage of time since the alleged incidents, and the existence of any continuing threat or effective protection measures available in Malaysia. The Tribunal was required to consider the applicant's evidence in light of the relevant provisions of the Migration Act 1958, including sections pertaining to refugee status and complementary protection.

The Tribunal reasoned that while the applicant had provided evidence of past incidents involving threats and physical harm from the loan shark gang, there was no indication of a continuing connection to the original loan or the friend who defaulted. The Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm as a necessary and foreseeable consequence of being removed to Malaysia. The Tribunal noted that the applicant's claims did not suggest he was a member of a particular social group facing persecution, nor did they demonstrate that the risk, if any, was faced personally and not by the general population. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.