2013037 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant, a Malaysian citizen, a protection visa. The applicant arrived in Australia in August 2019 and applied for a protection visa in February 2020, claiming economic hardship and fear of harm from her ex-fiancé. The delegate refused the visa on the basis that the applicant was not a refugee and there was no real risk of significant harm upon removal to Malaysia. The applicant sought review of this decision.

The Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to Malaysia, she faced a real risk of suffering significant harm. This involved assessing the credibility of the applicant's claims regarding her financial circumstances, the fire at her parents' home, and the alleged abuse by her ex-fiancé, as well as considering the availability of effective protection in Malaysia.

The Tribunal considered the applicant's evidence, including her claims of economic hardship due to her family's poverty and the destruction of their home, and her fear of her ex-fiancé. The applicant stated that her ex-fiancé had been physically and mentally abusive, demanding money and threatening legal action. She expressed reluctance to report him to the Malaysian police due to concerns about preserving family relationships, despite believing the police might act if she provided evidence. The Tribunal noted that while the applicant's account was generally coherent and plausible, and she had preserved evidence of the abuse, she had not demonstrated that she could not access effective protection in Malaysia. The Tribunal found that the applicant had not satisfied the onus of establishing a well-founded fear of persecution or a real risk of significant harm, and that she had not shown that she could not reasonably relocate within Malaysia or obtain protection from Malaysian authorities.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.