1813815 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa. The applicant claimed to have fled Malaysia due to abuse by her stepfather, alleging he had physically harmed her and threatened her and her mother. The applicant stated she had since married and had a child in Australia, and was also responsible for her mother's medical care in Malaysia.

The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) (as a refugee) or section 36(2)(aa) (complementary protection) of the Migration Act 1958 (Cth). This involved assessing whether the applicant had a well-founded fear of persecution or a real risk of suffering significant harm if returned to Malaysia, considering the definitions and requirements outlined in sections 5H, 5J, 5K, 5L, 5LA, and 36(2A) and (2B) of the Act.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant did not satisfy the criteria under section 36(2)(a) or (aa) of the Act. The decision noted that there was no suggestion the applicant met the criteria by being a member of the same family unit as a person who held a protection visa.