1706008 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse the applicant, a Malaysian citizen, a protection visa. The applicant arrived in Australia in July 2016 and applied for a protection visa in October 2016. The delegate refused the visa on the basis that the applicant was not a refugee under section 5H of the *Migration Act 1958* (Cth) and that Australia did not have protection obligations under section 36(2)(aa) of the Act.

The primary legal issues before the Tribunal were whether there was a real chance that the applicant would be persecuted upon return to Malaysia for one or more of the five reasons specified in section 5J(1)(a) of the Act, and alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to Malaysia, she would suffer significant harm. The Tribunal was required to consider the applicant's claims of fear of persecution based on economic conditions, political issues, and later, her status as an LGBT woman.

The Tribunal noted that the applicant's claims evolved significantly during the review process, particularly with the introduction of claims relating to her LGBT status. The Tribunal reminded the applicant of her responsibility under section 5AAA of the Act to specify all particulars of her claim and provide sufficient evidence, and the implications of section 423A regarding adverse inferences drawn from new claims or evidence raised without reasonable explanation. The Tribunal identified several inconsistencies between the applicant's initial application and her oral evidence, raising credibility concerns regarding her employment history, family circumstances, and prior travel to Australia. Despite these concerns, the Tribunal concluded that the decision under review should be remitted for reconsideration.