1836498 (Refugee)

The applicant, a citizen of Malaysia, sought a protection visa in Australia. The delegate refused the visa, finding that Australia did not owe the applicant protection obligations. The applicant claimed to be a Christian of ethnic Dusun background who feared returning to Malaysia due to an inter-faith relationship with a Muslim man. She alleged pressure to convert to Islam from her partner's family, threats of disownment from her own family if she did not convert, and subsequent harassment.

The court was required to determine whether the applicant was a person in respect of whom Australia had protection obligations. This involved assessing the credibility of her claims regarding her inter-faith relationship, the alleged pressure to convert, and the fear of harm upon return to Malaysia, including potential persecution by religious authorities and her family. The court also considered the applicant's inconsistent statements and the plausibility of her evidence.

The court found that the applicant's claims were inconsistent and lacked credibility. At the first hearing, she presented a significantly different account to that provided in her visa application. She claimed to have converted to Islam in Malaysia, faced targeting by religious authorities, and feared kidnapping, death, poisoning, and revenge from her arranged marriage family. These claims diverged from her initial assertion of refusing to convert and wishing to remain with her partner without changing religion. The court also noted discrepancies in her residence and work history and undeclared previous departures and returns to Australia. Given these inconsistencies and the lack of plausibility in her revised claims, the court concluded that the applicant had not established a well-founded fear of persecution.

The decision under review was affirmed, meaning the applicant was not granted a protection visa.