2001087 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed a fear of harm from an ex-boyfriend if returned to Malaysia. The applicant's initial written claims focused on economic and political grounds, but these were abandoned at the hearing in favour of the claim concerning her ex-boyfriend.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Malaysia, as required for the grant of a protection visa under section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958* (Cth). The Tribunal was required to consider the applicant's claims in light of the relevant guidelines and country information.

The Tribunal reasoned that the applicant's claims had shifted significantly from her written application to her oral evidence. While acknowledging the applicant's stated fear of her ex-boyfriend, the Tribunal found that there was no evidence presented to suggest that she had experienced any harm since the end of the relationship or during a long period of no contact. Furthermore, the Tribunal noted that the applicant had abandoned her initial claims regarding economic and political persecution. Applying the principles of refugee and complementary protection, and considering the lack of evidence of ongoing risk, the Tribunal concluded that the applicant did not meet the criteria for a protection visa.

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