Publish Date: Jul 18, 2013
A recent decision of the Refugee Review Tribunal looked at the issue of whether a person qualified for a protection visa on the basis that he feared persecution in Malaysia by violent gangs with political ties to the ruling government because of his Indian ethnicity.
The applicant was an ethnic Indian citizen of Malaysia. He had a business in Malaysia. In 2006, a Malay man shop-lifted from his business. The applicant apprehended him and handed him to the police. The Malay man was a member of a violent gang called Tiga Line with strong political ties in Malaysia. The applicant was intimidated by Tiga Line, and told to drop the charges or he would be harmed. The applicant dropped the charges. However, the intimidation towards him continued. In 2010 his car was burnt outside his house. In 2011 he was shot in the stomach at close range by a man from Tiga Line. The applicant and his wife subsequently travelled to Australia. The applicant provided to the Tribunal x-rays of his gunshot injuries, medical reports, newspaper articles about the shooting, and many other supporting documents.
Having examined country information relating to the persecution of ethnic Indians in Malaysia, the Tribunal accepted that the ruling party of Malaysia, the UMNO, discriminates against ethnic Indians. It also accepted that gangs Pekida and Tiga Line have links to the UMNO.
The Tribunal stated that the Malaysian police force is afflicted with corruption and frequently protect criminal groups. This means that the applicant would not be able to rely on state protection to escape persecution.
This case included an interesting examination of the impact the MyKad system has had on the privacy of citizens, and the drawbacks of having a central recorded information system in a country where government and police are afflicted with corruption. The Tribunal stated that the applicant would be unable to find refuge in a different part of Malaysia, due to the introduction of the MyKad system.
This case is similar to many protection visa cases in which our firm has acted. Australian Immigration law, and in particular refugee law, is highly technical requires skilful representation. Craddock Murray Neumann Immigration Lawyers has represented more than 5,000 visa applicants over the years and we have an extensive skill base and information resources to assist our clients.
If you are seeking an Australian immigration lawyer, please phone Craddock Murray Neumann Lawyers on +61 2 8268 4000. We can outline our fees and the services that we can provide for you.