1917121 (Refugee)

The applicant, a Thai citizen, sought a Protection visa, claiming Thailand was unsafe due to government corruption and political instability, and that she would face harm if returned. The Department initially refused her application, finding Australia had no protection obligations towards her. The applicant subsequently provided further claims to the Tribunal, including that she had made social media comments about the Thai Prime Minister and the King, which she believed had changed her circumstances and put her and her family at risk.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa, specifically considering both the refugee criterion under section 36(2)(a) of the Act and the complementary protection criterion under section 36(2)(aa). This involved assessing the credibility of her claims, the risk of harm upon return to Thailand, and whether Thailand was her receiving country. The Tribunal also had to consider the mandatory considerations outlined in Ministerial Direction No. 84, including relevant guidelines and country information.

In its reasoning, the Tribunal acknowledged the applicant's claims regarding her social media comments and the perceived political instability in Thailand. However, it found that the applicant had not provided sufficient evidence to substantiate her claims of a real and foreseeable risk of significant harm upon return. The Tribunal noted that no additional information or documents were provided to the Department after the initial application, and that the applicant's evidence to the Tribunal did not establish that she met the refugee criterion or the complementary protection criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that she did not satisfy the criteria under section 36(2) of the Act.