1929701 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The applicant, a Malaysian national, claimed she feared persecution in Malaysia due to her relationship with a man, Mr. C, and her family's disapproval, which she alleged led to threats against both her and Mr. C. The case was heard by Wendy Banfield, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether she was a refugee with a well-founded fear of persecution, or under section 36(2)(aa), whether there was a real risk of significant harm as a necessary and foreseeable consequence of her removal to Malaysia. This involved assessing the applicant's credibility, the country information regarding the treatment of LGBTI individuals in Malaysia, and whether any claimed fear constituted persecution or significant harm.

The Tribunal considered extensive country information indicating that Malaysia is a conservative Islamic nation where LGBTI identities and behaviours face widespread official and societal disapproval, with adult same-sex acts being illegal. Despite this, the Tribunal found inconsistencies in the applicant's evidence, particularly concerning her current heterosexual relationship, which raised credibility issues. The Tribunal noted that while the applicant claimed fear of persecution due to her relationship, the evidence did not establish a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Furthermore, the Tribunal considered whether the applicant could reasonably relocate within Malaysia or obtain protection from the Malaysian authorities, and concluded that the applicant did not satisfy the criteria for a protection visa.

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