1706503 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse a protection visa to an applicant from Malaysia. The applicant claimed to fear persecution from her husband, his family, and friends due to her inability to have children, and alleged psychological torture and infidelity by her husband. She also asserted that she could not seek protection from the state in Malaysia, nor could she relocate within the country as her persecutors would find her.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958, or alternatively, whether there were substantial grounds for believing that she would suffer significant harm as a necessary and foreseeable consequence of removal to Malaysia, pursuant to section 36(2)(aa) of the Act. This involved considering the applicant's credibility, the availability of state protection in Malaysia, and the feasibility of internal relocation.

The Tribunal found significant inconsistencies between the applicant's written claims and her oral evidence, raising credibility issues. It also considered the applicant's stated desire to remain in Australia only temporarily and her delay in applying for protection. Applying Ministerial Direction No. 56 and relevant policy guidelines, the Tribunal assessed the country information for Malaysia. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

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