1835910 (Refugee)

The applicant, a Shi'a Muslim from Malaysia, sought review of a decision to refuse him a protection visa. The applicant claimed he feared persecution in Malaysia due to his religion, asserting that the country officially sanctioned only the Sunni school of thought and that adherence to Shi'a Islam was punishable by law. He also alleged that conversion from Sunni to Shi'a was unacceptable and that he lived in fear of being reported to the authorities. The delegate of the Minister had previously refused the visa, finding that country information did not support a real chance of persecution or significant harm based on religion.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he satisfied the refugee criterion under section 36(2)(a) of the Act, or alternatively, the complementary protection criterion under section 36(2)(aa). This involved assessing the applicant's claims of religious persecution against available country information regarding the treatment of Shi'a Muslims in Malaysia and the legal framework governing religious practice.

The court considered the applicant's extensive oral evidence, alongside written submissions and country information. It noted that the applicant's claims regarding religious freedom and the legal status of Shi'a Islam in Malaysia were vague and inconsistent, with limited supporting evidence. The court applied the principles outlined in sections 36(2A) and (2B) of the Act concerning the meaning of significant harm and the circumstances under which a real risk of such harm is not established. The court also had regard to Ministerial Direction No. 84, the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments.

The court found that the applicant did not satisfy the criterion in section 36(2) of the Act, as there was no suggestion that he met the refugee criterion or the complementary protection criterion, nor that he was a member of the same family unit as a person who held a protection visa.