1702766 (Refugee)

The applicant, a national of Thailand, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution if returned to Thailand, or alternatively, whether there were substantial grounds to believe that, as a necessary and foreseeable consequence of removal, she would suffer significant harm. The decision reviewed by the Tribunal was the refusal to grant the applicant a protection visa.

The legal issues before the Tribunal were twofold: first, whether the applicant met the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth), by having a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion; and second, if not, whether she met the complementary protection criterion under section 36(2)(aa), by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Thailand.

The Tribunal considered the applicant's claims, including her Buddhist religion and purported fear of harm from insurgency groups in Thailand, and her history of family violence. It also took into account relevant guidelines and country information. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.