1817663 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of a mother and her son, who were Malaysian citizens. The applicant mother claimed to fear her ex-husband, citing threats of violence and a lack of financial support for their son. She also expressed general anxiety and depression related to her ex-husband and a perceived lack of protection in Malaysia. The applicants sought to establish that they met the criteria for a protection visa under the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the applicants met the criteria for a protection visa, specifically whether they were refugees or faced a real risk of significant harm upon removal to Malaysia. This involved assessing the applicant mother's claims of fear of her ex-husband, the potential danger to her son, and the availability of protection in Malaysia, considering the guidelines and country information relevant to their circumstances, including their status as ethnic Indian Christians, the applicant's widowhood, and the circumstances surrounding her son's birth.

The Tribunal applied the provisions of the Migration Act 1958 (Cth), including sections relating to the definition of a refugee and the criteria for complementary protection. It considered the applicant's claims in light of Ministerial Direction No. 84 and the relevant guidelines. The Tribunal found that the applicants were Malaysian citizens and that Malaysia was their receiving country. However, it concluded that the applicants did not satisfy the criterion under section 36(2) of the Act, as there was no suggestion they were members of the same family unit as a person who satisfied section 36(2)(a) or (aa) and held a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas.