2201047 (Refugee)

This matter concerned an application for a protection visa by a woman who claimed she feared harm from her family in Malaysia due to her relationship with a Christian man from another country. The applicant alleged beatings and threats to kill from her family. The Federal Circuit Court was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution for a Convention reason or faced a real risk of significant harm if returned to Malaysia.

The court was tasked with assessing the applicant's claims in light of her responsibility to specify her claims and provide sufficient evidence. The applicant's first hearing was adjourned due to her being unwell, and she did not participate in the second hearing, consenting to a decision on the papers. The court noted that the applicant's claims and evidence were vague and inconsistent, with limited information provided about her claimed boyfriend and relationship. The court applied the principles that it is the applicant's responsibility to establish their claims and that a decision-maker is not required to accept all allegations uncritically.

The court found that the applicant did not face a real chance of persecution on refugee grounds, nor did she face a real risk of significant harm under the complementary protection criterion. The court acknowledged the applicant's work experience and found that any fears she held regarding difficulties in finding work upon return to Malaysia did not constitute a well-founded fear of persecution. The court concluded that there were no substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to Malaysia, the applicant would suffer significant harm. Consequently, the court affirmed the decision under review, finding that the applicant did not satisfy the criteria for a protection visa.