1605309 (Refugee)

This matter concerned an application for a protection visa by a citizen of Malaysia. The applicant claimed to have left Malaysia due to economic hardship following the termination of her employment and because she is lesbian and faces societal and religious persecution. The applicant's oral evidence indicated that her English was poor, and she had assistance from a friend in completing her application, the accuracy of which she could not confirm. She stated that economic difficulties in Malaysia were increasing and that she initially came to Australia as a visitor, deciding to seek to remain due to fewer economic difficulties and greater earning potential.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, she faced a real risk of suffering significant harm under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims in light of Ministerial Direction No. 56, relevant policy guidelines, and country information assessments.

The Tribunal found that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's Malaysian nationality and that Malaysia was the country of reference, the Tribunal noted a discrepancy between the applicant's written claims of hardship due to her sexuality and her oral evidence, where she stated this was not correct. The applicant's primary stated reason for seeking to remain in Australia was economic, and she did not present evidence to support a well-founded fear of persecution based on her sexuality. Consequently, the Tribunal concluded that the applicant did not meet the refugee criterion under section 36(2)(a) or the complementary protection criterion under section 36(2)(aa).

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