1705396 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, either under the refugee convention or complementary protection grounds. The decision reviewed was made by the Administrative Appeals Tribunal (AAT).

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of the Migration Act 1958, or whether Australia had complementary protection obligations towards the applicant due to a real risk of significant harm if removed to Malaysia. The Tribunal was required to consider the applicant's claims of fear of persecution due to her membership in the Coalition for Clean and Fair Elections (Bersih), and also new claims raised at the hearing concerning fear of harm from family and village elders due to an alleged extra-marital affair, and fear of war between Malaysia and the Philippines.

The Tribunal affirmed the delegate's decision not to grant the protection visa. It found that the applicant's claims were vague and lacked sufficient supporting evidence. The Tribunal noted that the applicant's ability to obtain a passport suggested she was not of significant interest to Malaysian authorities. Furthermore, the Tribunal concluded that the applicant did not satisfy the criteria for being a refugee or for complementary protection, nor was she a member of the family unit of a person who met these criteria. The Tribunal's assessment took into account relevant guidelines and country information.

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