1607501 (Refugee)

The applicant, a national of Malaysia, sought a protection visa in Australia. The primary claim was that the applicant feared persecution due to a forced conversion to Islam by a former partner. The Tribunal also considered, though not explicitly raised by the applicant, whether protection obligations were engaged on the grounds of domestic abuse by a former boyfriend or on account of the applicant's mental health status if returned to Malaysia. The Tribunal had regard to country information from the Department of Immigration and Border Protection and the Department of Foreign Affairs and Trade.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958. This involved determining if the applicant was a refugee under section 36(2)(a), meaning they had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and if such persecution would involve serious harm and systematic, discriminatory conduct. Alternatively, the Tribunal considered if the applicant met the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing there is a real risk of significant harm upon removal from Australia.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant did not satisfy the criterion in section 36(2) of the Act. The decision notes that a decision-maker is entitled to consider whether an applicant subjectively holds a well-founded fear of persecution before examining the objective basis for that fear. The Tribunal's reasoning, as indicated by the outcome, suggests that the applicant's claims were not found to be credible or did not establish a well-founded fear of persecution for the essential and significant reason of religion, or on the other grounds considered. The Tribunal also noted that there was no suggestion the applicant satisfied section 36(2) on the basis of being a family member of a person who holds a protection visa.