1706865 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse her application for a protection visa. The applicant claimed that she had been sexually harassed and threatened by her cousin's husband in Malaysia, and that she feared further harassment and harm if returned to Malaysia. She also expressed concerns about family honour and the perceived inability of Malaysian authorities to intervene in family matters, as well as the unacceptability within her community of affairs involving family members.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution, or under section 36(2)(aa), which concerns complementary protection due to a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments.

The Tribunal considered the applicant's claims of sexual harassment and threats from her cousin's husband. It noted that the applicant did not believe Malaysian authorities could protect her due to the nature of the alleged conduct as a family matter, and that she feared repercussions within her community if the matter became public, which would taint her family honour. The Tribunal also considered the possibility of relocation within Malaysia but found that the applicant believed this would not be effective due to community norms. However, the Tribunal found that the applicant did not satisfy the criteria under section 36(2) of the Act, specifically noting that she did not satisfy the refugee criterion or the complementary protection criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal's decision was based on its assessment that the applicant did not meet the requirements of section 36(2) of the Migration Act 1958, which encompasses both the refugee criterion and the complementary protection criterion.