1830185 (Refugee)

The applicant, an Ahmadi Muslim, sought a protection visa, claiming a well-founded fear of persecution in Malaysia. The dispute concerned whether the applicant met the criteria for a protection visa, either as a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or under the complementary protection provisions in section 36(2)(aa). The matter was before the Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution in Malaysia for one or more of the five prescribed reasons, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, the applicant faced a real risk of suffering significant harm. This involved considering the specific challenges faced by the Ahmadiyya Muslim community in Malaysia, including legal and official non-recognition, restrictions on religious practices, social and economic discrimination, harassment, and a lack of effective legal recourse or protection.

The Tribunal considered the applicant's claims in light of the country information and relevant guidelines. It noted that the Ahmadiyya community in Malaysia faces significant discrimination, being officially classified as non-Muslim, which impacts their legal status, religious practices, and social and economic standing. The Tribunal found that the applicant's identity was established. Ultimately, the Tribunal was satisfied that Australia had protection obligations towards the applicant under section 36(2)(a) of the Act.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.