1728915 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether she was a refugee or, alternatively, faced a real risk of significant harm if returned to Thailand. The matter was heard by Anne Grant, a Member of the Tribunal.

The Tribunal was required to determine if the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, considering her claims of past family violence and fear of her ex-partner. Additionally, the Tribunal had to assess whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her return to Thailand, the applicant faced a real risk of suffering significant harm, pursuant to section 36(2)(aa) of the Act. This involved considering the definitions of "refugee" and "significant harm" as outlined in the Act and relevant guidelines.

The Tribunal considered the applicant's evidence regarding past physical assaults by her ex-partner, including claims of being tortured and held captive. However, the Tribunal noted that the applicant had a new husband and a child, both of whom were Thai citizens and would return to Thailand with her. The Tribunal found that the applicant did not satisfy the criteria for being a refugee. Furthermore, the Tribunal concluded that the applicant did not meet the complementary protection criterion, as there was no indication that she would suffer significant harm as a necessary and foreseeable consequence of her return to Thailand, nor was she a member of the same family unit as a person who held a protection visa.

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