1818595 (Refugee)

The applicant sought review of a decision to refuse a permanent protection visa. The applicant, a Thai national, claimed to have become a person of interest to a criminal syndicate after reporting a house used for human trafficking to the police in Thailand. She alleged that the syndicate threatened her friends and family, leading to her fleeing to Australia. The applicant contended that she had a well-founded fear of persecution if returned to Thailand due to her involvement in reporting the syndicate's activities.

The court was required to determine whether the applicant had a well-founded fear of persecution for one of the prescribed reasons under section 5J(1)(a) of the Migration Act 1958, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Thailand, she faced a real risk of suffering significant harm under section 36(2)(aa). This involved assessing the credibility of the applicant's claims and considering the availability of effective protection in Thailand.

The court found that the applicant was not a credible witness, noting inconsistencies in her evidence and a lack of corroborative material. The court also considered the delay in the applicant's application for a protection visa. Applying the principles of assessing well-founded fear and significant harm, the court concluded that the applicant had not established a real chance of persecution or significant harm upon return to Thailand. The court affirmed the decision not to grant the applicant a protection visa.