1919739 (Refugee)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse protection visas to two Thai citizens. The applicants had arrived in Australia on student visas and applied for protection visas in March 2019. The delegate refused their applications in July 2019, leading to the present review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This required determining if they were refugees, as defined by the Act, or qualified for complementary protection, or were family members of someone granted a protection visa on such grounds. The definition of a refugee involves a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and that such persecution would involve serious harm and systematic, discriminatory conduct.

The Tribunal noted that the applicants had been invited to provide further evidence and participate in a hearing but had declined to do so, consenting to a decision on the papers. The applicants claimed to be Buddhist and cited poor governance and difficult financial circumstances in Thailand as reasons for their fear. However, the Tribunal found that no new evidence was provided to support these claims, and the applicants did not complete information forms or attend the scheduled hearing. Without sufficient evidence to establish a well-founded fear of persecution or significant harm, the Tribunal was unable to be satisfied that Australia had protection obligations towards the applicants.

Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visas. The applicants did not satisfy the criteria under section 36 of the Act, and there was no suggestion they qualified as family members of a protection visa holder.