2109066 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a Malaysian national, claimed to fear persecution due to threats and physical harm from loan sharks and their debt collectors following the failure of his business and his inability to repay a substantial loan. The applicant had been in Australia unlawfully for a significant period before lodging his protection visa application while in immigration detention.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the *Migration Act 1958* (Cth), or, alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Malaysia, he faced a real risk of suffering significant harm. The Tribunal was required to consider the availability of effective protection measures in Malaysia and whether the applicant could reasonably relocate within Malaysia to avoid any such risk.

The Tribunal considered the applicant's claims in light of the evidence, including country information. It found that while the applicant had provided details of threats and a physical attack, and alleged corruption within the Malaysian police force, these claims did not establish a well-founded fear of persecution. Crucially, the Tribunal was satisfied that state protection was available to the applicant in Malaysia, and that it would be reasonable for him to relocate within Malaysia to avoid the risk posed by loan sharks. The Tribunal noted that the applicant had been an unlawful non-citizen for an extended period and had delayed lodging his application, raising credibility concerns.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the protection visa. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa under section 36(2) of the Act, as he had not demonstrated a well-founded fear of persecution and effective protection was available in Malaysia.