The Court dismissed the judicial review application, finding no jurisdictional error in the Tribunal's refusal of a protection visa to a Malaysian citizen claiming fear of harm from conflict in Lahad Datu. The Court held that the Tribunal was not required to consider a particular social group claim where no such claim was advanced by the applicant. The Court identified a potential error in the Tribunal's failure to assess the reasonableness of internal relocation under s 36(2B)(a) of the Migration Act when considering complementary protection, but held the error was not material because the Tribunal had independently rejected the applicant's claims on the basis that they were vague and unsupported by evidence, a finding sufficient to sustain the complementary protection refusal regardless of the relocation issue.
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