1931174 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Malaysian national. The applicant's claims for protection were primarily based on concerns for her child's future educational opportunities and the general future for her family in Malaysia, rather than a direct fear of persecution based on race, religion, nationality, social group, or political opinion. The Tribunal accepted that the applicant was a credible witness and that Malaysia was her country of nationality and therefore her receiving country for the purposes of assessing her claims.

The central legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia owed protection obligations. This required an assessment of whether she met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth), specifically whether she was a refugee under section 36(2)(a) or eligible for complementary protection under section 36(2)(aa), or a family member of such a person under section 36(2)(c). The Tribunal also had to consider the definitions of "refugee" and "well-founded fear of persecution" as outlined in sections 5H and 5J of the Act, and the concept of "significant harm" under section 36(2A).

The Tribunal found that the applicant did not meet the refugee criterion under section 36(2)(a) as her stated fears did not amount to a well-founded fear of persecution for one of the prescribed reasons. However, the Tribunal was satisfied that the applicant was a member of the same family unit as a person who satisfied the complementary protection criterion under section 36(2)(aa). Consequently, the Tribunal found that the applicant satisfied section 36(2)(c)(i) of the *Migration Act*.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(c)(i) of the *Migration Act*.