1711941 (Refugee)

The Administrative Appeals Tribunal (AAT) reviewed decisions made by a delegate of the Minister for Home Affairs to refuse Permanent Protection (Class XA) (Subclass 866) visas to two Malaysian citizens. The applicants sought review of these refusals, having originally applied for the visas in December 2016. The visas, if granted, would allow the holders to remain in Australia indefinitely.

The primary legal issues before the Tribunal were whether either applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicants were "refugees" or if they met the "complementary protection" grounds. If either applicant satisfied these criteria, the Tribunal would then consider if the other applicant qualified for a visa as a family member.

The Tribunal affirmed the delegate's decisions, finding that the applicants had not established a well-founded fear of persecution. While the applicants claimed to fear harm from the First Applicant's family members, including physical harm from an uncle and his son, and pressure to divorce due to their inability to have children, the Tribunal concluded these fears were not sufficiently substantiated to engage Australia's protection obligations. The Tribunal noted that the alleged harm appeared to stem from family disputes and marital discord, rather than a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion, as required for a refugee claim. The Tribunal also considered the applicants' assertion that Malaysian authorities would not provide protection, deeming it a family matter, but found this insufficient to establish a well-founded fear of persecution.

Consequently, the Tribunal affirmed the decisions not to grant the applicants Permanent Protection (Class XA) (Subclass 866) visas.