1815423 (Refugee)

This matter concerned an application for a protection visa by a Thai national who claimed to fear harm from loan sharks upon return to Thailand. The applicant arrived in Australia in April 2017 and became an unlawful non-citizen in July 2017, before lodging his protection visa application in January 2018. The Minister's delegate refused the visa, and the applicant sought review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he would face a real risk of significant harm if returned to Thailand, as contemplated by section 36(2)(aa) of the Act (complementary protection). This involved assessing the applicant's claims of threats, assault, destruction of his business, and the inability to relocate within Thailand due to the pervasive influence of loan sharks and their associates. The Tribunal also considered the applicant's credibility, the vagueness and inconsistency of his claims, and the significant delays in his relocation, departure, and visa application.

In its reasoning, the Tribunal applied Ministerial Direction No. 84, taking into account the Refugee Law Guidelines, Complementary Protection Guidelines, and relevant country information from the Department of Foreign Affairs and Trade (DFAT). The Tribunal found the applicant's claims to be vague and lacking in corroborative evidence. While acknowledging that illicit money lending is an issue in Thailand and that borrowers may face harassment or threatened violence, the DFAT country information indicated that deaths resulting from such debts were uncommon. The Tribunal also noted the applicant's prolonged period as an unlawful non-citizen and the substantial delays in lodging his application and providing further information.

Ultimately, the Tribunal concluded that the applicant had not established a real risk of significant harm upon return to Thailand. The Tribunal affirmed the delegate's decision to refuse the protection visa.