2116513 (Refugee)

The applicant sought review of a decision that refused his application for a protection visa. The applicant claimed he feared harm if returned to Malaysia due to his association with a friend involved with criminal gangs. He alleged he was being harassed, blackmailed, and threatened by these gangs, who were seeking his friend. The applicant also contended that Malaysian authorities would not protect him and that he had no safe place to relocate within Malaysia.

The primary legal issues before the court were whether the applicant met the definition of a refugee under the Migration Act 1958 (Cth) and whether he was entitled to complementary protection. Specifically, the court had to determine if the applicant's fear of harm was for a Convention reason, or if he faced a real risk of significant harm if returned to Malaysia, and if Malaysian authorities were unable or unwilling to protect him.

The court affirmed the decision under review. It found that the applicant's fear of harm stemmed from his friend's criminal activities and his own association with that friend, rather than from a Convention reason as defined in the Act. Regarding complementary protection, the court considered country information which indicated that effective state protection was available in Malaysia. The applicant's inability to provide evidence of his claims and the lack of a reasonable likelihood of significant harm were key factors in this determination.