1728939 (Refugee)

This matter concerned an application for a protection visa by a woman who claimed to fear persecution in Malaysia based on her Catholic religion. The applicant alleged she was unable to practice her religion due to work commitments on Sundays, had experienced trauma from an attack on a church where authorities were inefficient, and could not relocate within Malaysia due to her ties to her home, job, and family. The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or alternatively, whether she met the criteria for complementary protection.

The Tribunal considered the applicant's claims in light of the Refugee Convention and the complementary protection provisions under the Act, as well as relevant guidelines and country information. The applicant's case was based on three main issues: societal disapproval of her religion, ongoing disputes with Muslim neighbours, and her inability to attend Sunday church services. The Tribunal also took into account the applicant's personal circumstances, including her family background, marital history, children, and employment.

The Tribunal found that Malaysia was the applicant's country of nationality and receiving country. It assessed the applicant's claims regarding her inability to practice her religion and the alleged inefficiency of authorities in dealing with past incidents. The Tribunal also considered the applicant's stated inability to relocate within Malaysia. The decision affirmed the reviewable decision.