1619703 (Refugee)

The applicant, a citizen of Malaysia, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear persecution in Malaysia due to their political opinion as a member of the Democratic Action Party, and their membership in the social group of women who had experienced domestic violence and lacked State protection. The applicant also relied on the evidence of a credible witness. The matter came before Jane Marquard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the applicant had established a well-founded fear of persecution for reasons of their political opinion or membership in a particular social group, as defined by the *Migration Act 1958* (Cth) and the Refugee Convention. Specifically, the court had to assess whether the applicant's membership in the Democratic Action Party constituted a reason for persecution, and whether the group of women experiencing domestic violence and lacking State protection was a particular social group to which the applicant belonged. The court also needed to consider the credibility of the witness evidence presented.

In reaching its decision, the court considered the evidence before it, including the applicant's personal circumstances and the general human rights situation in Malaysia. The court applied the principles established in refugee law concerning the assessment of claims based on political opinion and membership in a particular social group. This involved evaluating whether the feared harm was serious, whether it was inflicted by the State or by non-State actors that the State was unable or unwilling to control, and whether the imputed reason for the harm was a significant factor in the persecution. The court also applied the principles regarding the assessment of witness credibility.

The court found that the applicant had not established a well-founded fear of persecution for reasons of their political opinion or membership in a particular social group. Consequently, the application for review was dismissed.