1502485 (Refugee)

The applicant, who last arrived in Australia in April 2013, sought a Protection visa, claiming she left Thailand due to political instability, gang violence, and threats from the Mafia concerning her property. She also expressed concern for her Australian citizen children and feared harm if she returned to Thailand without a guardian. The Tribunal was asked to determine whether the applicant met the criteria for a Protection visa under Australian law.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of Article 1A(2) of the 1951 Refugees Convention and its 1967 Protocol, or whether she qualified for complementary protection under section 36(2)(aa) of the Migration Act 1951 (Cth). This involved assessing whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there was a real risk of significant harm if removed from Australia. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal considered the applicant's claims of threats from the Mafia and lack of police protection in Thailand. However, it found no suggestion that the applicant satisfied the criteria for a Protection visa as a family member of someone who held such a visa. Consequently, the Tribunal concluded that the applicant did not meet the requirements for a Protection visa.

The Tribunal affirmed the decision not to grant the applicant a Protection visa.