1513348 (Refugee)

The applicant, a Chinese Malaysian lesbian, sought a protection visa in Australia. She claimed to have faced discrimination, abuse, and harassment by police in Malaysia due to her sexuality, fearing for her life and that of her partner. The applicant arrived in Australia in 2009 and lodged her protection visa application in 2015. The decision under review was made by the Refugee Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically considering her claims of persecution based on her ethnicity and sexual orientation. This involved assessing the credibility of her claims, considering relevant country information and policy guidelines, and determining if she faced a real risk of significant harm or persecution if returned to Malaysia. The Tribunal also considered the provisions relating to complementary protection.

The Tribunal applied the principles outlined in Ministerial Direction No. 56, incorporating policy guidelines and country information. It acknowledged the importance of a reasonable approach to credibility assessment, referencing *Minister for Immigration and Ethnic Affairs and McIllhatton v Guo Wei Rong and Pam Run Juan* (1996) 40 ALD 445, but also noting that an applicant's statements must be coherent and plausible. The Tribunal found the applicant to be a citizen of Malaysia, making it her receiving country. However, it found her claims to be vague and exaggerated, and noted a significant delay in her application. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, either under the refugee or complementary protection provisions.

The Tribunal affirmed the decision not to grant the applicant a protection visa.