1832964 (Refugee)

This matter concerned an application for a protection visa by two applicants, identified as applicant one and applicant two. The dispute arose from the applicants' claims that they would face persecution or significant harm if returned to Malaysia. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicants would face a real chance of persecution on return to Malaysia, or if not, whether there was a real risk they would suffer significant harm if removed from Australia. Specifically, the Tribunal had to consider if the applicants met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), including whether they qualified for protection on refugee or complementary protection grounds, or as a member of the same family unit as a person who met those grounds.

The Tribunal considered the applicants' background, including experiences of family violence and abuse by their father, and their ethnicity and religion. It was found that Malaysia was the applicants' receiving country, and that they did not hold [Country 1] nationality. While the Tribunal accepted that applicant two was wholly or substantially reliant on applicant one for financial, psychological, and physical support, and therefore a member of applicant one's family unit for regulatory purposes, it concluded that applicant two did not face a real chance of harm in Malaysia. Consequently, the Tribunal was not satisfied that Australia had protection obligations towards applicant two under section 36(2)(aa) of the Act.

The Tribunal determined that the matter should be remitted for reconsideration.