2012996 (Refugee)

This matter concerned an application for a protection visa by a Malaysian national. The applicant, who is of Dusun ethnicity, claimed to have converted from Sunni Islam to Catholicism. He alleged that his conversion, his marriage to a Catholic woman, and his refusal to renounce Christianity had placed him in fear of persecution in Malaysia, particularly from religious authorities. The applicant contended that effective protection measures were not available to him in Malaysia and that he had a well-founded fear of persecution.

The central legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia had protection obligations under s 36(2)(a) or s 36(2)(aa) of the Migration Act 1958. This required the Tribunal to assess the credibility of the applicant's claims and determine if he faced a well-founded fear of persecution based on his race, religion, or membership of a particular social group, and whether effective protection was available to him in Malaysia.

The Tribunal found that the applicant was a credible witness and accepted his account of his conversion and the subsequent difficulties he faced in Malaysia. It noted that the applicant's attempts to legally change his religious status and register his marriage had been met with resistance and threats of legal action, including potential detention in a rehabilitation centre for apostasy. The Tribunal concluded that the applicant's fear of persecution was well-founded and that effective protection was not available to him in Malaysia. Consequently, the Tribunal remitted the decision under review to the Department for reconsideration.