1835593 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to the applicant, who claimed to fear persecution in Thailand due to borrowing money at a high interest rate. The applicant alleged that those to whom she owed money were above the law, had government connections, and that authorities could not protect her, nor could she relocate due to their extensive networks. The Administrative Appeals Tribunal (the Tribunal) considered the applicant's claims in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution or a real risk of significant harm if returned to Thailand, thereby satisfying the criteria for a protection visa under section 36(2) of the Migration Act 1958 (Cth). This required the Tribunal to assess the credibility and sufficiency of the applicant's claims, particularly concerning the alleged threats arising from her debt and the inability of Thai authorities to provide protection.

The Tribunal found that the applicant had provided insufficient detail to satisfy its concerns regarding her claims. Despite having lodged her application for review in December 2018, she had not provided any new information or submissions, nor had she completed a pre-hearing information form. Furthermore, she declined an invitation to appear before the Tribunal to give evidence and present arguments. Based on the limited information available, the Tribunal did not accept that the applicant had borrowed money at a high interest rate that she could not repay, nor that individuals intended to harm or kill her because of this debt. Consequently, the Tribunal concluded that the applicant did not face a real chance of serious harm or a real risk of significant harm for the reasons claimed, and therefore did not satisfy the criteria for a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.