1832381 (Refugee)

The applicant, a homosexual man from Malaysia, sought review of the decision to refuse his protection visa application. The applicant claimed he left Malaysia due to his sexuality, fearing persecution, torture, and harassment from both the anti-LGBTI community and the authorities, given that homosexual activity is prohibited under Malaysian law. The delegate of the Minister for Home Affairs had previously refused the application, finding that while discrimination against homosexuals existed in Malaysia, it did not meet the threshold of persecution.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, specifically homosexual men in Malaysia. This involved assessing whether the applicant would face serious harm, whether such harm would be systematic and discriminatory, and whether effective protection measures were available to him in Malaysia. The Tribunal also needed to consider the applicant's credibility and the details provided in his evidence regarding his experiences and fears.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant's evidence lacked sufficient detail and did not establish a well-founded fear of persecution. Specifically, the applicant had not made his sexuality public and had not demonstrated that he would face persecution on that basis. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa under section 36(2) of the Migration Act 1958.