1705272 (Refugee)

The applicant, a human rights activist, sought a protection visa, claiming fears of being charged with sedition in her country of nationality, Malaysia. The dispute concerned whether she met the criteria for a protection visa under the Migration Act 1958 (Cth). The decision was made by Alison Murphy, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant met any of the alternative criteria for a protection visa, specifically the 'refugee' criterion under s.36(2)(a) or the 'complementary protection' grounds under s.36(2)(aa), or if she was a family member of such a person. This required assessing the genuineness and well-foundedness of her asserted fear of persecution.

The Tribunal applied the principles that while a reasonable approach to credibility is important, an applicant must satisfy the Tribunal of all statutory elements, and allegations are not to be accepted uncritically. The Tribunal considered policy guidelines and country information assessments. Despite acknowledging the applicant's personal background and her claim of Malaysian citizenship, the Tribunal concluded that some parts of her evidence should not be accepted, leading to the affirmation of the decision under review.

The Tribunal affirmed the decision not to grant the applicant a protection visa.