1618769 (Refugee)

The applicant, a citizen of Malaysia, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Malaysia due to their conversion from Islam to Christianity, alleging that this conversion constituted apostasy under Malaysian law, exposing them to action by the Religious Department and potential proceedings in Sharia courts. The applicant also expressed fears of having their children removed from their care, of detention, and of being killed, citing threats from relatives. The applicant's case was further complicated by a change of government in Malaysia in 2019.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, namely religion, should they be returned to Malaysia. This required the court to assess the credibility of the applicant's claims regarding the risks they faced, including the potential for state and non-state actions against them based on their religious conversion, and to consider the impact of the political changes in Malaysia on the likelihood of such persecution.

The court found that the original decision-maker had failed to adequately consider the evidence relating to the applicant's fear of persecution due to their religious conversion and the potential consequences under Malaysian law, including the actions of the Religious Department and Sharia courts. The court also noted that the impact of the 2019 change of government on the applicant's circumstances had not been sufficiently assessed. Consequently, the court determined that the decision under review was affected by jurisdictional error. The court made orders remitting the application for a protection visa to the Minister for redetermination according to law.