1726763 (Refugee)

This matter concerned an application for a protection visa by a Malaysian citizen. The applicant claimed she feared imprisonment and harm from Malaysian authorities due to her political activism and participation in demonstrations against corruption. She also raised concerns about family violence from her ex-husband. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or if she was entitled to complementary protection due to a real risk of significant harm upon removal to Malaysia.

The Tribunal considered the applicant's claims of political persecution and her fear of authorities, as well as the risk of harm from her ex-husband. It was required to assess whether any feared persecution was for a Convention reason and involved serious harm, and whether effective protection measures were available in Malaysia. The Tribunal also had to consider the provisions relating to complementary protection, specifically whether there were substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed to Malaysia.

The Tribunal accepted that the applicant was a member of a particular social group, namely females fleeing domestic violence, and that the harm from her ex-husband constituted serious and systematic discrimination. However, the Tribunal found that effective protection measures were available to the applicant in Malaysia, specifically through state protection, which would safeguard her from her ex-husband. The Tribunal also found no evidence of a well-founded fear of persecution from Malaysian authorities due to her political activities, noting she had only participated in one demonstration and had not provided evidence of being a "dangerous suspect" or facing imminent imprisonment. Consequently, the Tribunal affirmed the decision under review.