1704872 (Refugee)

The applicant, a Thai national, sought a protection visa in Australia, claiming fear of harm from both "Red Shirts" (government supporters) and "Yellow Shirts" (anti-government supporters) if returned to Thailand. She alleged that both groups pressured her to join them, that she had been previously harmed due to her stance, and that Thai authorities would not provide protection due to the influence of government supporters. The applicant also contended that relocation within Thailand would not offer safety from these groups.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to Thailand. This involved assessing the credibility of her claims, the nature of the political groups in Thailand, and the availability of protection from Thai authorities or through internal relocation.

The court affirmed the decision not to grant the applicant a protection visa. The delegate had found the applicant's claims to be vague and confused, noting her apparent misunderstanding of the political affiliations of the "Red Shirts" and "Yellow Shirts." Crucially, the delegate found no evidence of the applicant having a political profile and concluded that she had not demonstrated a genuine fear of harm, nor a real chance of suffering significant harm if returned to Thailand. The court considered the provisions relating to refugee status and complementary protection, including the definitions of significant harm and the circumstances under which a person might not be considered to face a real risk of such harm, such as the availability of effective protection measures or the reasonableness of relocation. The applicant did not satisfy the criteria under section 36(2)(a) or (aa).