1711385 (Refugee)

The applicant, a national of Malaysia, sought review of a decision to refuse her a protection visa. She claimed to be a lesbian who had been pressured into a marriage by her family, which she later divorced. The applicant asserted that upon her return to Malaysia, she would face humiliation from her family, social and workplace prejudice, discrimination, and loneliness due to her sexuality, and that her ex-husband had threatened her sister if she divorced him.

The primary legal issues before the Tribunal were whether the applicant met the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, whether she was entitled to complementary protection under section 36(2)(aa) of the Act. This involved determining if she held a well-founded fear of persecution for reasons of membership of a particular social group, and if she faced a real risk of significant harm upon removal from Australia.

The Tribunal considered the applicant's claims in light of relevant country information and the *Migration Act*. It found that while the applicant faced prejudice and discrimination in Malaysia due to her sexual orientation, this did not amount to persecution or significant harm as defined by the Act. The Tribunal noted that the applicant had a long-term relationship prior to arriving in Australia without harm, and that her ex-husband's threats were not ongoing. Furthermore, the Tribunal concluded that the prejudice and discrimination described did not rise to the level of serious harm, nor did it establish a well-founded fear of persecution. The Tribunal also considered the possibility of relocation within Malaysia, which was not ruled out as a reasonable step.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that she did not meet the criteria for refugee status or complementary protection.