1706015 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant, a Malaysian citizen, a protection visa. The applicant claimed she feared persecution if returned to Malaysia due to economic and political conditions, and later introduced claims related to her relationship with her partner, a Muslim Malaysian citizen, and the potential non-recognition of their Australian marriage in Malaysia. The review was conducted by the Tribunal, with the hearing held electronically due to the COVID-19 pandemic.

The primary legal issues before the Tribunal were whether there was a real chance the applicant would be persecuted in Malaysia for one of the five prescribed reasons under s.5J(1)(a) of the *Migration Act 1958* (Cth), or if there were substantial grounds to believe that, as a necessary and foreseeable consequence of her removal to Malaysia, she would suffer significant harm under s.36(2)(aa) of the Act. The Tribunal was required to assess the applicant's credibility, considering inconsistencies between her initial application and her oral evidence, particularly regarding her reasons for coming to Australia and her understanding of the visa application process.

The Tribunal noted significant changes and inconsistencies in the applicant's claims, including her assertion that she applied for the protection visa primarily to gain work rights rather than out of fear of persecution. While acknowledging the applicant's stated fears regarding economic hardship and the potential challenges of an interfaith relationship under Malaysian Syariah-based marriage laws and increasing religious conservatism, the Tribunal found these claims, as presented, raised credibility concerns. The Tribunal also considered the impact of the COVID-19 pandemic on economic and political conditions in Malaysia.

Ultimately, the Tribunal concluded that the decision under review should be remitted for reconsideration. This course was taken due to the complexities and evolving nature of the applicant's claims, including the introduction of the interfaith relationship aspect and the potential impact of Syariah law, which required further detailed examination in light of country information and the applicant's credibility.