1812804 (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 national of Malaysia, claimed he had converted from Sunni to Shi’a Islam and, as a result, faced threats from his family and physical assaults from other Sunnis in Malaysia. He also claimed he would not have the freedom to practice his religion if returned to Malaysia. The Tribunal was required to determine whether Australia had protection obligations towards the applicant under section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958 (Cth).

The Tribunal considered the applicant's claims in light of country information and the relevant legislative provisions, including sections 36(2A) and (2B) which define "significant harm." The applicant stated he converted at age 16 through a friend and that while mosques in Malaysia were predominantly Sunni, he had attended a Shi’a mosque. He also indicated he departed Malaysia many years after his claimed conversion. The Tribunal found that the applicant's identity as a Malaysian national was not in dispute and that section 36(3) of the Act did not apply as he had no right to reside in another country.

The Tribunal concluded that the applicant had not established a real risk of suffering significant harm if returned to Malaysia. It found that the ostracism by his family and community, and the vague claims of threats and assaults, did not amount to serious or significant harm as contemplated by the Act. Consequently, the Tribunal affirmed the decision under review.