1933386 (Refugee)

The applicant, who sought protection in Australia, claimed to have faced threats and harm in Malaysia due to perceived anti-Islamic comments made on social media concerning the use of the word "ALLA". The applicant alleged physical assault, hospitalisation, and subsequent arrest and detention by police following a complaint. The applicant also claimed to have relocated to another state within Malaysia to avoid further harm and threats. The decision under review was made by the Refugee Tribunal.

The legal issues before the court were whether the applicant met the criteria for a protection visa, specifically whether she was a refugee as defined by section 5J(1)(a) of the Act, possessing a well-founded fear of persecution for reasons of religion, and alternatively, whether she met the complementary protection criterion under section 36(2)(aa) of the Act, facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Malaysia. The court was required to determine if the applicant had provided sufficient evidence to establish these claims.

The court affirmed the decision under review, finding that the applicant had failed to provide sufficient evidence to substantiate her claims. The applicant did not attend the scheduled Tribunal hearing, nor did she provide further information or explanation for her absence. The court noted the general and vague nature of the applicant's claims, particularly regarding the alleged harms in Malaysia. Without the applicant's attendance at the hearing to elaborate on her experiences, background, and fears, the court was unable to be satisfied that she had a well-founded fear of persecution or faced a real risk of significant harm upon return to Malaysia. The court concluded that the applicant did not satisfy the refugee criterion under section 36(2)(a) or the complementary protection criterion under section 36(2)(aa) of the Act.