1710404 (Refugee)

The applicant, a national of Malaysia, sought review of a decision to refuse her application for a permanent protection visa. The applicant claimed she would face discrimination and pressure upon return to Malaysia due to her identity as a "tomboy" and lesbian, and the disapproval of her family regarding her lifestyle and perceived sexual orientation.

The court was required to determine whether Australia had protection obligations towards the applicant under sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant met the definition of a refugee due to a well-founded fear of persecution, or whether there was a real risk of significant harm upon removal to Malaysia, considering her claims of being a member of a particular social group.

The court considered the applicant's evidence regarding her lifelong identity as a "tomboy," her mother's questioning of her lifestyle and faith, and pressure from her brothers. However, the court found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm. The court noted that the applicant did not satisfy the criterion under section 36(2) of the Act, which pertains to being a refugee.

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