1513199 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed she faced a real chance of serious and/or significant harm in Malaysia due to threats made by a relative. The delegate had previously determined that the applicant did not meet the criteria for protection under either the refugee or complementary protection provisions. The applicant provided the Tribunal with a copy of the delegate's decision.

The Tribunal was required to assess the credibility and truthfulness of the applicant's claims and evidence. It also had to determine whether, on the evidence before it, the applicant faced a well-founded fear, based on a real chance, of persecution involving serious harm if returned to Malaysia. If the refugee criterion was not met, the Tribunal was then obliged to consider whether the applicant was owed complementary protection, which involved assessing whether there were substantial grounds for believing she faced a real risk of significant harm in Malaysia for any of the claimed reasons. The Tribunal's assessment was informed by the Department's file, including the applicant's visa application and identity documents, the delegate's decision, and the applicant's appearance before the Tribunal with an interpreter.

The Tribunal considered the applicant's claims and evidence in light of Ministerial Direction No. 56, which mandated the consideration of relevant policy guidelines and country information assessments. The Tribunal noted that the applicant had not contacted the department for an interview after being requested to do so, prior to the delegate finalising the decision. After reviewing all the evidence, including the applicant's detailed claims and her appearance before the Tribunal, the Tribunal expressed concerns regarding central aspects of the applicant's case. Cumulatively, these concerns led the Tribunal to conclude that it was unable to be satisfied that the applicant faced a real chance of serious or significant harm in Malaysia in the reasonably foreseeable future for any of the reasons claimed or arising on the evidence.