Need help? We are available to speak to you 7 days a weekRead More

Australia's largest independent migration law firm. Open 7 days! Book here.

Need help? Our lawyers and migration agents are available 7 days a week to assist.

Cross symbol icon
Open 7 days
Smartphone icon
1300 150 745

How a Gay Malaysian Man Proved He is Gay and Won Protection and Permanent Residency in Australia

Image placeholder graphic

Timeline

1 year

Overview

In April 2018, a young man arrived in Australia on a 3-month visitor visa from Malaysia.

Ten days before his visa expired, he applied for a Protection Visa in Australia, fearing for his safety if forced to return home to Malaysia. As a gay Muslim man, he faced criminal penalties, discrimination, and violence under both Sharia law and cultural hostility.

But in January 2022, after years of waiting, his application was officially refused by the Australian Government.

The Department of Home Affairs decision-maker accepted his background—his religion, ethnicity, and country of origin—but didn’t believe that he was telling the truth about his identity.

He was devastated. He lost all hope.

Migration law services

In October 2024, two years after his refusal, he received a notice indicating that he must attend a hearing before a Member of the Administrative Review Tribunal (ART), formerly known as the AAT.

Anxious and uncertain, he had no idea how to tell his story in a way that would be believed.

This caused him to reach out to Australian Migration Lawyers.

He asked if we could help.

To help, we acted immediately. We:

  • Prepared a detailed 33-page legal submission, referencing the latest country information assessments from the Department of Foreign Affairs and Trade, Amnesty International, and Human Rights Watch
  • Secured a crucial adjournment of the hearing in order to allow time for a thorough case review
  • Prepared and managed a Freedom of Information Application to access important interview records
  • Advised the client about the Tribunal process
  • Prepared submissions for our lawyers to present orally to the decision-maker at the hearing

Outcome

On 31 March 2025, after presenting his case before the Tribunal, the decision was handed down: we won!

The Tribunal confirmed that he faced a real risk of serious harm in Malaysia and could not be expected to hide who he is to stay safe.

"This case was about more than just a visa - it was about safety, dignity, and the right to live authentically. Helping our client, a gay man from Malaysia, secure protection and permanent residency through the ART was a privilege. It’s a reminder that migration law can be a lifeline, and at AML, we’re committed to using it to protect those who need it most."

Facing visa challenges? Let us help you navigate 
the complexities of Australian migration law.

Contact us today for a consultation

See more visa success stories

Explore more of our visa success stories to see how Australian Migration Lawyers has helped clients achieve their immigration goals. From complex cases to straightforward applications, our expert team has delivered successful outcomes across a range of visa types.

Meet your Australian Migration Lawyers

Get to know the dedicated professionals behind Australian Migration Lawyers, committed to guiding you through every step of the immigration process. Our experienced team combines legal expertise with a personalised approach to help you achieve the best possible outcome.

Claim your free consultation!*

Tell us a little about your situation, and one of our migration lawyers will contact you as soon as possible.