1617961 (Refugee)

The applicant, a national of Malaysia, sought a protection visa, claiming a well-founded fear of persecution due to her identity as a lesbian woman. She alleged that LGBTI individuals in Malaysia lack rights, face humiliation, and are considered a social problem, leading her to live her same-sex relationship discreetly. The applicant further claimed that her partner's family had discovered their relationship, resulting in violence, and that she had been threatened with the revelation of their relationship to her parents if she continued it. She feared returning to Malaysia would result in fines, imprisonment, and physical punishment, and stated that no assistance was available for lesbians in Malaysia, nor could she relocate due to disruption to her children. The Administrative Appeals Tribunal was required to determine whether Australia had protection obligations towards the applicant under sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth).

The Tribunal considered the applicant's claims in light of the *Migration Act 1958* (Cth), including the definitions of "well-founded fear of persecution" and "significant harm," as well as Ministerial Direction No. 56. The Tribunal accepted the applicant's identity and nationality as Malaysian based on her passport and the absence of contrary evidence. However, the Tribunal concluded that the applicant had not provided sufficient evidence to substantiate her claims of fearing persecution or significant harm. The Tribunal noted that the applicant did not attend the hearing, which likely contributed to the lack of evidence.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal found that the applicant did not satisfy the criterion under section 36(2) of the *Migration Act 1958* (Cth). The Tribunal's decision was based on the insufficient evidence presented to substantiate the applicant's fears of persecution or significant harm upon return to Malaysia.