1709503 (Refugee)

This matter concerned an application for a protection visa by a homosexual woman who had arrived in Australia from Malaysia. The applicant claimed she feared persecution in Malaysia due to her sexuality, including pressure from her family to marry, harassment, and the general prohibition of homosexual activity in Malaysia. The Department of Home Affairs had refused her protection visa application.

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* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm if returned to Malaysia. This required the Tribunal to assess the credibility of the applicant's claims and consider the available country information regarding the treatment of homosexual individuals in Malaysia.

The Tribunal considered the applicant's detailed account of her experiences in Malaysia, including instances of parental punishment, suspension from boarding school due to a same-sex relationship, molestation by an uncle, workplace harassment, and pressure to marry. It also noted the applicant's assertion that authorities in Malaysia would not be concerned with her issues, viewing them as family matters, and that her family network would prevent her from relocating within Malaysia. The Tribunal found the applicant's evidence to be detailed and consistent, and it had regard to the DFAT Country Information Report – Malaysia.

The Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth). Accordingly, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).