1704116 (Refugee)

The applicant, a citizen of Thailand, sought review of a decision to refuse her protection visa. She claimed to have been involved with the "Red Shirt" movement, arrested, beaten, and threatened by the Thai government, and feared persecution if returned to Thailand. The Tribunal considered whether she met the criteria for a protection visa under section 36(2)(a) or the complementary protection criterion under section 36(2)(aa) of the *Migration Act 1958* (Cth).

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether there were substantial grounds for believing there was a real risk of significant harm upon her removal to Thailand. The Tribunal was required to assess the applicant's claims against the relevant provisions of the Act, including the definitions of "refugee," "well-founded fear of persecution," and "significant harm," and to consider country information and guidelines.

The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's claims of involvement in a rally and subsequent threats, the Tribunal found that her evidence did not establish a well-founded fear of persecution or a real risk of significant harm. The decision notes that the applicant did not satisfy the criterion under section 36(2)(a) or (aa), nor was there any suggestion she met the criteria as a family member of someone who did.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.