1822432 (Refugee)

The applicant, who sought a protection visa, claimed to fear harm from illegal money lenders in Thailand. The dispute concerned the applicant's claims of threats and attacks on his property due to substantial debts incurred to pay employees and a tax fine. The matter was before the Federal Circuit Court following a remittal.

The court was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, specifically membership of a particular social group, namely "victims of illegal loan sharks." This involved assessing the credibility of the applicant's claims, considering the delay in his application for protection after his student visa was cancelled, and evaluating the consistency and expansion of his claims and evidence. The court also had to consider the applicant's travel history, including visits to other countries and his return to Thailand after being granted an Australian visa, as well as the joint ownership and management of family companies and transfers of interests.

The court found that the applicant's claims were vague, inconsistent, and expanded over time, with new evidence emerging late. It noted that the applicant had continued to operate businesses in Thailand, with family members managing them, and that no harm had befallen his family members. The court also considered the applicant's travel to other countries and his return to Thailand after an Australian visa was granted, which suggested a lack of genuine fear. Applying Ministerial Direction No. 84, the court took into account relevant guidelines and country information. Ultimately, the court affirmed the decision under review.