1708215 (Refugee)

The applicant, a Malaysian citizen, sought review of a delegate's decision to refuse her a protection visa. The applicant's claims for protection were based on a fear of persecution in Malaysia due to her desire to convert from Islam to Christianity and her unhappy marriage. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), considering both refugee and complementary protection grounds.

The Tribunal found that the applicant's claims lacked credibility due to significant inconsistencies and misstatements in her application and evidence. Specifically, the applicant failed to disclose her marriage in her initial application, falsely stated she had never travelled to other countries despite residing in another for five years, and admitted to swearing a false statutory declaration. Furthermore, the Tribunal noted the late disclosure of her cohabitation with her former husband in Australia, which contradicted her claim of fleeing an unhappy marriage. The Tribunal also considered the applicant's purported conversion to Shia Islam through marriage to a Shia Muslim, but found this claim lacked credibility given the safe return of her new partner's family to Malaysia.

Applying the principles of assessing credibility, the Tribunal gave no weight to the applicant's claims, finding them to be lacking in detail, inconsistent, and at variance with credible country information. The Tribunal concluded that the applicant did not genuinely hold a well-founded fear of persecution in Malaysia and was not a person in respect of whom Australia had protection obligations. Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visa.