1807493 (Refugee)

The applicant, a national of Thailand, sought review of the Tribunal's decision to affirm the refusal of his protection visa application. The applicant claimed he had been wrongly accused of colluding with drug smugglers, detained and mistreated by police, and subsequently threatened by a triad gang due to his report against the police. He feared for his life if returned to Thailand.

The core issues before the Tribunal were whether the applicant possessed a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958, or, failing that, whether there were substantial grounds to believe that his removal to Thailand would result in a real risk of significant harm. The Tribunal was required to consider the applicant's claims in light of relevant country information and guidelines, including Ministerial Direction No. 84.

The Tribunal considered the applicant's claims of mistreatment and subsequent threats from a triad gang. However, it applied section 36(2B)(b) of the Act, which provides that there is taken not to be a real risk of significant harm if the applicant could obtain protection from an authority of the receiving country. The Tribunal was satisfied that Thailand, as the applicant's country of nationality, could provide such protection, thereby reducing any risk of significant harm to below a "real risk" threshold, as interpreted in *MIAC v MZYYL* [2012] FCAFC 147.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Act.