1701870 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed she was seeking protection in Australia due to sexual harassment from her adopted brother, inappropriate advances from a former boyfriend, and the risk of being forced into an arranged marriage by her parents. She also expressed fear of emotional pain from separation from her current partner and threats of self-harm. The case was heard by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(aa) of the Act, which pertains to complementary protection. This required the Tribunal to determine if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia to Malaysia, the applicant faced a real risk of suffering significant harm. The Tribunal was also required to consider relevant policy guidelines and country information assessments.

The Tribunal considered the applicant's claims of sexual harassment by her adopted brother, who allegedly used information about her past abortion to blackmail her into a sexual relationship. It also considered her claims regarding her former boyfriend's coercive behaviour and threats. The Tribunal noted that the applicant had not sought assistance from the Royal Malaysia Police, stating that it was a family issue and authorities would not intervene. Furthermore, the applicant indicated that she could not relocate within Malaysia as her family could still find her. The Tribunal concluded that the applicant had not established a well-founded fear of persecution or significant harm that Australia had protection obligations to prevent.

The Refugee Tribunal affirmed the decision under review, meaning the applicant's protection visa application was not granted.