2206267 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant, a Malaysian national, claimed to fear harm from loan sharks due to a business loan taken out by his partner, for which he was a guarantor. He alleged threats, property damage, and inaction from authorities in Malaysia, leading him to seek protection in Australia.

The primary 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, as a refugee with a well-founded fear of persecution, or under the complementary protection criterion in section 36(2)(aa), which requires substantial grounds for believing there is a real risk of significant harm upon removal to a receiving country. The Tribunal was required to assess the applicant's claims against available country information regarding the availability of government support services for debtors and the effectiveness of the Malaysian police force in addressing loan shark activities.

The Tribunal found that while the applicant's identity as a Malaysian citizen was accepted, his claims regarding the threats and his inability to seek assistance or relocate were not persuasive. The Tribunal noted the existence of government credit management programs in Malaysia and an effective police force capable of acting against illegal lenders. Furthermore, the Tribunal found the applicant's evidence regarding his activities after his business failed to be vague and evasive, and his claims of threats lacked sufficient detail. Consequently, the Tribunal was not satisfied that there was a real risk of persecution or significant harm upon return to Malaysia, nor that the applicant would face significant economic hardship threatening his capacity to subsist.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under either section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958.