1813039 (Refugee)

The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of a protection visa. The applicant, a national of Thailand, claimed to fear persecution upon return due to his opposition to the 2014 military coup and his past involvement with the "Red Shirts" movement. He argued that his political opinions and lack of freedom of expression in Thailand would lead to unemployment and potential harm from authorities.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of political opinion, or if he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Thailand, thereby satisfying the complementary protection criterion. The court also considered the applicant's credibility, particularly in light of his delay in applying for the visa after his tourist visa expired and the late introduction of his political opinion claim.

The court found that the applicant had not established a well-founded fear of persecution. His claims regarding economic hardship and lack of political freedom were considered general issues affecting the population of Thailand rather than specific risks directed at him personally. Furthermore, the court noted the limited evidence of his political activities in Thailand and the lack of translation for his social media activity in Australia. The court also considered the applicant's inconsistent and unsubstantiated claims regarding unemployment rates, which impacted his credibility.

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