2212399 (Refugee)

The applicant, a Christian from Sarawak, Malaysia, sought a protection visa, claiming he feared persecution upon return to Malaysia. His stated reasons for leaving Australia and fearing return included an inability to marry his girlfriend due to religious differences, as Malaysian law requires Muslim individuals to marry Muslims. He also alleged he had experienced harsh criticism and threats of death from citizens, and that authorities would imprison him for violating state law, specifically Syariah law, which he claimed prevented police protection in such matters. The applicant did not attend a further hearing before the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution, or under section 36(2)(aa), which concerns complementary protection obligations due to a real risk of significant harm upon removal. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments, as mandated by Ministerial Direction No. 84.

The Tribunal noted inconsistencies in the applicant's evidence regarding his relationship and marriage. Specifically, he claimed to have met his girlfriend in Australia in 2016, separated four years prior to the hearing, yet stated they married in Melbourne in November 2017. He also indicated the marriage was a Muslim ceremony, despite identifying as Catholic. Given these discrepancies and the applicant's non-appearance at the further hearing, the Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm. The Tribunal affirmed the decision not to grant the applicant a protection visa.