1724413 (Refugee)

The applicant, a Malaysian national, sought a protection visa in Australia. The dispute concerned whether she met the criteria for the visa, specifically whether she faced persecution or significant harm if returned to Malaysia. The decision was made by a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, whether Australia had protection obligations towards her on complementary protection grounds under section 36(2)(aa). This involved assessing whether she had a well-founded fear of persecution or a real risk of suffering significant harm as a necessary and foreseeable consequence of removal to Malaysia.

The Tribunal accepted the applicant's evidence as truthful and found that her primary motivations for coming to Australia were economic, stemming from difficulties in finding higher-paying work in Malaysia to support herself during divorce and custody proceedings, and to provide for her daughter. While she had experienced a verbal argument with her ex-husband involving a knife, the Tribunal found no evidence of a fear of harm or persecution upon return to Malaysia. Her communication with her ex-husband regarding their daughter and her intention to send money for her support indicated a level of ongoing interaction without fear. The Tribunal considered country information and relevant guidelines but concluded that the applicant did not satisfy the criteria for a protection visa, either as a refugee or on complementary protection grounds.

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