1729099 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant claimed to have converted from Sunni to Shia Islam, a practice she alleged was illegal and met with severe prejudice in Malaysia. She asserted that upon declaring her conversion, she faced abuse from her family and friends, was reported to the police, and narrowly escaped detention by religious authorities before fleeing to Australia. She feared mistreatment, detention, and forced rehabilitation if returned to Malaysia, and believed state protection would be unavailable due to the pervasive influence of Sunni Islam and laws against Shia practice.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa, specifically under the 'refugee' criterion (s 36(2)(a)) or the 'complementary protection' criterion (s 36(2)(aa)) of the *Migration Act 1958* (Cth). This involved assessing the credibility of her claims regarding her conversion, the alleged persecution she faced in Malaysia, and the real risk of significant harm upon removal to Malaysia.

The Tribunal found that the applicant's evidence presented at the hearing differed significantly from her initial application regarding her departure from Malaysia and the circumstances surrounding her conversion. While the applicant had provided substantial additional evidence between 2017 and 2019, including personal statements, supporting documents, and statements from third parties, the Tribunal concluded that the matter should be remitted for reconsideration. This decision was based on the discrepancies in her account and the need for a thorough re-evaluation of her claims in light of all the evidence.