1803156 (Refugee)

The applicant, a Malaysian citizen, sought a protection visa in Australia. The dispute concerned whether she faced persecution or significant harm upon return to Malaysia due to her claim of being a lesbian and having received threats from her partner's brother. The matter was before the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine two primary issues: first, whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1)(a) of the Migration Act 1958, and second, if not, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of her removal to Malaysia, she faced a real risk of suffering significant harm under section 36(2)(aa) of the Act. The applicant's claims included that lesbianism was illegal in Malaysia and that authorities could not protect her from familial threats.

In its reasoning, the Tribunal considered the applicant's claims in light of country information provided by DFAT. While DFAT reports indicated a general moderate risk of discrimination and violence towards LGBTI individuals in Malaysia, including from family members, it also noted that tolerance varied by location and socio-economic status, with urban, well-educated individuals being less likely to face familial ostracism. The Tribunal also noted that the applicant had indicated in her application that she had not experienced harm in Malaysia. Ultimately, the Tribunal found that the applicant did not satisfy the criteria for a protection visa.

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