1712457 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant, who was raised as a Christian, converted to Islam due to a relationship with a Muslim man. After the relationship ended, her Christian parents did not accept her back, leading her to decide to return to Christianity and seek protection in Australia. She claimed that converting from Islam in Malaysia was difficult and could result in her being considered an apostate by an Islamic court, and that she would not be guaranteed state protection upon return. The Administrative Appeals Tribunal was required to review the delegate's decision to refuse the protection visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either under the refugee convention or under complementary protection. This involved assessing the genuineness of her religious conversion and reversion, the potential risks she would face if returned to Malaysia, including the legal and social consequences of apostasy under Malaysian law, and whether she would be considered a member of a particular social group, such as single mothers facing religious persecution. The Tribunal also had to consider the relevant Ministerial Directions and guidelines concerning protection status determinations.

The Tribunal affirmed the delegate's decision to refuse the protection visa. In its reasoning, the Tribunal considered the applicant's claims regarding her religious history and the difficulties of renouncing Islam in Malaysia. However, the Tribunal concluded that the evidence did not establish a real risk of significant harm or persecution upon return to Malaysia, nor did it establish that she would be unable to obtain protection from the Malaysian authorities. The Tribunal's decision was based on its assessment of the evidence presented, including documentation relating to her religious conversion and subsequent baptism, and country information regarding the legal and social context in Malaysia. The Tribunal ultimately found that the applicant did not meet the criteria for the grant of a protection visa.