2218824 (Refugee)

The primary and secondary applicants, both from Malaysia, sought a review of the delegate's decision to refuse their applications for a protection visa. The primary applicant claimed to have converted to Islam solely for the purpose of marrying the secondary applicant, who is Muslim. He has since attempted to revert to Christianity, which has resulted in threats and legal action from the government and the community. The primary applicant and the secondary applicant both sought protection on the basis of their inter-faith relationship. The Tribunal was required to determine whether the applicants satisfied the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth).

The Tribunal found that the primary and secondary applicants were a genuine inter-faith couple and that the primary applicant had a well-founded fear of persecution on the basis of his membership of a particular social group. The Tribunal was satisfied that the primary applicant would be unable to openly practice his religious faith if returned to Malaysia, and that he would face significant harm in the form of social stigma, threats, and legal action from the authorities and the community. The Tribunal was also satisfied that the secondary applicant would face significant harm due to her membership of the same particular social group. The Tribunal found that the delegate had erred in failing to identify the primary and secondary applicants as members of a particular social group and in not considering the applicants’ claims in light of that finding.

The Tribunal set aside the delegate’s decisions and remitted the applications for a protection visa to the delegate for reconsideration in light of the Tribunal’s findings.