1834802 (Refugee)

The case involved applicants seeking a protection visa. The dispute centred on whether the applicants met the criteria for a protection visa, specifically concerning their claims of persecution and the assessment of Indonesia and Malaysia as potential receiving countries. The decision was made by Jessica McLeod.

The court was required to determine if the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, or membership of a particular social group, as defined by the Migration Act 1958. This involved assessing the credibility of their claims, the nature of their marriage and religious conversion, and the potential risks they might face upon removal to either Indonesia or Malaysia. A key issue was whether the applicants, particularly Applicant 3, would be able to access effective protection in a receiving country.

The court considered the applicants' backgrounds, including Applicant 1's Christian upbringing and Dayak ethnicity, and Applicant 2's Indonesian citizenship and Javanese ethnicity. It accepted that Applicant 1 converted to Islam for her marriage to Applicant 2, and that their daughter was being raised as Muslim. The court noted that while interfaith marriages are complicated in Indonesia and not permitted under Malaysian law without conversion, such conversions are not uncommon. The court found that Applicant 3, as an Indonesian citizen, would be assessed against Indonesia as a receiving country. The court also considered the complementary protection criterion, which requires a real risk of significant harm as a necessary and foreseeable consequence of removal.

The decision affirmed the previous decision under review.