2212462 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse his application for a protection visa. The applicant claimed he was a victim of bullying since high school, leading to depression and suicidal ideation, and that he feared returning to Malaysia due to ongoing threats of violence from his former bullies and potential involvement with drug gangs and police. He also raised late claims of being pressured into drug dealing and an arranged marriage.

The primary legal issues before the court were whether the applicant had established a well-founded fear of persecution for a Convention reason, or alternatively, whether he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Malaysia, thereby satisfying the complementary protection criterion. The court was required to assess the applicant's credibility, considering the consistency of his claims, the delay in lodging his application, and the evidence provided regarding his mental health and alleged isolation.

The court considered the applicant's claims in light of Ministerial Direction No. 84 and relevant guidelines. It found significant inconsistencies and a lack of credible evidence to support the applicant's claims of ongoing fear and harm. Specifically, the court noted the suspicious timing of a medical letter concerning his depression, obtained only after being requested to provide evidence of mental health treatment. The applicant's assertion of isolating himself to avoid harm was contrasted with his continued work. The court concluded that the applicant had not demonstrated a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal's decision to affirm the refusal of the protection visa was upheld.