1507482 (Refugee)

The applicant sought a protection visa, claiming he faced a real chance of serious harm, including torture and death, in Thailand due to debts owed to loan sharks. The delegate had previously refused the application, finding the applicant did not meet the criteria for a protection visa or complementary protection. The Tribunal was required to assess the credibility of the applicant's claims and determine if he faced a well-founded fear of persecution involving serious harm, or alternatively, a real risk of significant harm, if returned to Thailand.

The Tribunal's assessment was informed by the applicant's visa application, statutory declaration, supporting documents including identity and military service records, photographs of a damaged building, an audio recording of a departmental interview, and the applicant's personal appearance before the Tribunal. The Tribunal considered the legal principles that the applicant bears the responsibility to satisfy the statutory elements of his claim, and that a decision-maker is not obliged to construct the applicant's case or uncritically accept all allegations. The Tribunal's role was to assess whether the evidence established a well-founded fear of persecution or a real risk of significant harm.