1723024 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant claimed to have left Malaysia due to religious concerns, specifically a desire to convert from Sunni to Shia Islam, which she stated was not permitted by the Malaysian government. She also alleged emotional abuse from her family and friends and a potential life of isolation if she returned.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either as a refugee under section 36(2)(a) of the Migration Act 1958 or under the complementary protection criterion in section 36(2)(aa). This required determining if she held a well-founded fear of persecution for reasons of religion, or if there were substantial grounds for believing she would suffer significant harm as a necessary and foreseeable consequence of removal to Malaysia.

During the hearing, the applicant demonstrated a lack of understanding regarding protection visa requirements, stating she had applied for a bridging visa to work and was unaware of the contents of her initial application. When informed that her application claimed a desire to convert from Sunni to Shia Islam and potential problems arising from this, she stated this was untrue. Crucially, when directly asked if she feared returning to Malaysia for any reason, she explicitly stated she did not. The Tribunal Member observed that a fear of returning to one's country of nationality and facing a real chance of serious or significant harm were prerequisites for a protection visa, and the applicant indicated she understood she did not meet these criteria.

The Tribunal affirmed the decision not to grant the applicant a protection visa. The Member found no evidence suggesting the applicant faced a real chance of suffering serious or significant harm for any reason upon return to Malaysia, nor that she had a well-founded fear of persecution. Consequently, she did not satisfy the criteria for a protection visa under section 36(2)(a) or (aa) of the Act.