2313463 (Refugee)

The applicant, a Malaysian national of Kadazan ethnicity and Christian faith, sought a protection visa in Australia. The dispute centred on whether the applicant met the criteria for the grant of this visa, with the primary focus on his claims of persecution based on political opinion and involvement with the Sabah Sarawak Union-United Kingdom (SSU-UK). The decision was made by the Tribunal.

The Tribunal was required to determine if the applicant faced a real risk of significant harm if returned to Malaysia, specifically considering his claims of persecution due to his alleged involvement with the SSU-UK, a group advocating for Sabah and Sarawak rights. This involved assessing the credibility of his claims regarding political opinion, his active participation in the SSU-UK, and the availability of state protection in Malaysia. The Tribunal also considered whether the applicant qualified for protection as a member of the same family unit as his wife, who was also in Australia and had made similar claims.

The Tribunal found the applicant's identity and background, including his ethnicity and religion, to be credible. However, significant credibility concerns were raised regarding his claims of political opinion and involvement. The Tribunal noted that the applicant's claims appeared to be copied verbatim from another source and that he was not an active member of the SSU-UK. Furthermore, the Tribunal was satisfied that state protection was available in Malaysia. Consequently, the Tribunal concluded that the applicant had not established that he met the criteria for a protection visa, nor did he satisfy the alternative criteria relating to being part of the same family unit as his wife.

The Tribunal affirmed the decision under review, meaning the applicant's application for a protection visa was not granted.