1905585 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The applicant claimed she left Malaysia due to issues with her new stepmother, who allegedly threatened her with black magic if she did not comply with her demands. The applicant also indicated that her application was prepared by another person and she had not verified its contents. The case was heard in conjunction with her sister's separate application.

The primary legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm, and consequently, whether Australia had protection obligations towards her. The court was required to consider the applicant's claims in light of relevant country information and guidelines concerning refugee and complementary protection.

The court considered the applicant's claims regarding threats of black magic from her stepmother. It noted that the applicant had not verified the accuracy of her application, which was prepared by a third party. The court also considered country information indicating that while discrimination against women is unlawful in Malaysia, conservative practices persist, and effective protection measures and organisational support are available. The court found that the applicant did not satisfy the criterion under section 36(2)(a) and that there was no suggestion she satisfied the criterion under section 36(2)(b) or (c) as a member of the same family unit as a person who held a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.