1421084 (Refugee)

The applicant, a married man from Kuala Lumpur, Malaysia, sought a protection visa. The dispute concerned whether he met the criteria for such a visa, specifically alleging a well-founded fear of serious harm due to his conversion from Hinduism to Islam and his marriage to an Islamic woman. The decision was made by Nicole Burns, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under Article 1A(2) of the Refugees Convention, or alternatively, whether he met the criteria for complementary protection under section 36(2)(aa) of the Migration Act 1951 (Cth). This involved assessing whether he had a well-founded fear of persecution for reasons of religion or membership of a particular social group, or a real risk of suffering significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's evidence, which was found to be vague and inconsistent, and relevant country information. The Tribunal noted that the applicant did not satisfy the refugee criterion under section 36(2)(a) of the Act. Furthermore, the Tribunal found no suggestion that the applicant satisfied the criteria by being a member of the same family unit as a person who held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.