1512046 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to fear persecution in Malaysia due to her status as a lesbian, alleging that homosexuality is a crime there and that she had experienced harm and threats related to her sexual orientation. The applicant also argued that she could not relocate within Malaysia as homosexuality is illegal. The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the reasons specified in section 5J of the *Migration Act 1958* (Cth) in Malaysia, or, alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to Malaysia, she would suffer significant harm.

The Tribunal considered the applicant's claims in light of relevant policy guidelines and country information. It noted that a fear of persecution is not well-founded if it is merely assumed or speculative, and that while the onus of proof is not strictly applied in administrative inquiries, the applicant must provide sufficient detail to establish the relevant facts. The Tribunal accepted that the applicant was a national of Malaysia and her receiving country, and that she did not have a right to enter and remain in any third country.

Ultimately, the Tribunal affirmed the decision not to grant the protection visa. The applicant did not satisfy the criterion for a well-founded fear of persecution under section 36(2)(a) of the Act. Furthermore, the Tribunal found that the applicant did not satisfy the complementary protection criterion under section 36(2)(aa), as there was no suggestion that she satisfied the criteria based on being a family member of a person who held a protection visa. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a protection visa.