1802993 (Refugee)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a protection visa. The applicant, a woman from Malaysia, claimed she feared returning to her home country due to past experiences of domestic violence, infertility pressures from her in-laws, and concerns about future employment prospects and mental health. The Administrative Appeals Tribunal (the Tribunal) considered the applicant's claims and the delegate's decision.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or under section 36(2)(aa) on complementary protection grounds. Specifically, the Tribunal had to assess whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there was a real risk of significant harm upon removal to Malaysia. The Tribunal also considered the definitions of "refugee," "well-founded fear of persecution," and "significant harm" as outlined in the Act and relevant guidelines.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant did not satisfy the criteria for being a refugee, as there was no evidence of a well-founded fear of persecution for any of the prescribed reasons. Furthermore, the Tribunal concluded that the applicant did not meet the complementary protection criterion, as there were no substantial grounds for believing that she would suffer significant harm as a necessary and foreseeable consequence of being removed to Malaysia. The Tribunal noted that the applicant did not claim to be a member of the same family unit as a person who held a protection visa.