1812116 (Refugee)

The applicant, a national of Thailand, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Thailand due to being a guarantor of a loan, which had led to threats of physical assault and death from loan sharks. The applicant contended that they belonged to a particular social group, namely individuals threatened by loan sharks in Thailand, and that the Thai state could not offer adequate protection.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a reason specified in section 5(1) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant's fear of harm from loan sharks constituted persecution, whether this persecution was for a Convention reason (specifically, membership of a particular social group), and whether the applicant could avail themselves of the protection of the Thai state. The Tribunal also had to consider the applicant's delay in applying for protection.

The Tribunal found inconsistencies in the applicant's evidence regarding the threats and attacks they claimed to have suffered. It concluded that the applicant had not established that they would be persecuted for a Convention reason, nor that they would be unable to obtain protection from the Thai authorities. The Tribunal also noted the significant delay in the applicant's claim, which further undermined its credibility. Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visa.