1707900 (Refugee)

This matter concerned applications for review of decisions made by delegates of the Minister for Immigration and Border Protection concerning protection visas. The applicants, comprising four applications and five individuals, had their matters listed together. The primary applicant's original claim for a protection visa was based on political and economic grounds. However, new claims concerning domestic violence, including coercive control and physical and mental abuse by her ex-husband, were raised for the first time before the Tribunal.

The legal issues before the Tribunal were whether the first applicant had a well-founded fear of persecution in Malaysia due to domestic violence, and if not, whether there were substantial grounds for believing that removal from Australia would result in a real risk of significant harm to her in Malaysia. The Tribunal was also required to consider the definition of a "member of the same family unit" for the purposes of protection visa criteria, which included dependent children, some of whom were over 18.

The Tribunal found that the first applicant's claims of domestic violence, which had been perpetrated over a long period, were credible and persuasive, supported by police and hospital reports. The Tribunal accepted that the applicant had a reasonable explanation for not raising these grounds earlier, prioritising her children's well-being and her separation from them by her ex-husband. The Tribunal also considered country information regarding legal provisions, community attitudes, and perceived lack of support and resources in Malaysia for victims of domestic violence.

Consequently, the Tribunal concluded that the first applicant's matter should be remitted to the Department for reconsideration.