1700189 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to fear persecution in Malaysia due to his homosexuality, alleging discrimination, verbal abuse, segregation from family, and a forced marriage. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa, considering both the refugee convention and complementary protection obligations.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56 and relevant policy and country information. The applicant's stated reasons for seeking protection included being ostracised by his family and community, experiencing bullying and threats related to his sexual orientation, and a fear of discrimination and torture if returned to Malaysia, where homosexuals are reportedly not accepted by prevailing religion, culture, and practices. The Tribunal also noted the applicant's claims of a forced marriage and lack of freedom to make life decisions.

The Tribunal affirmed the decision under review, concluding that the applicant did not meet the criteria for the grant of the protection visa. While the specific reasoning for this conclusion is not detailed in the provided text, the Tribunal indicated that it had taken into account the relevant legal framework, including the complementary protection criterion under s.36(2)(aa) of the Act, which requires a real risk of significant harm as a necessary and foreseeable consequence of removal. The applicant's claims were assessed against these provisions, and no additional documents or statements were provided to support his case beyond his initial application.