1919762 (Refugee)

The applicant, a national of Thailand, sought review of a decision by the Refugee Tribunal to refuse their application for a protection visa. The applicant had failed to appear before the Tribunal for their scheduled hearing. The Tribunal had proceeded to make a decision in the applicant's absence, finding that they did not meet the criteria for a protection visa.

The primary legal issue before the court was whether the Refugee Tribunal had erred in law by proceeding to determine the application without the applicant's attendance. Relatedly, the court considered whether the Tribunal had adequately assessed the applicant's claims regarding membership of a particular social group, being victims of gang-related extortion in Thailand, and whether effective protection measures, including relocation, were available to the applicant within Thailand.

The court affirmed the Tribunal's decision, finding no error of law. It was held that the Tribunal was entitled to proceed with the hearing in the applicant's absence, as the applicant had been given proper notice and had failed to provide a satisfactory explanation for their non-attendance. Furthermore, the court found that the Tribunal had properly considered the evidence before it regarding the applicant's claims of persecution and the availability of protection within Thailand, including the possibility of relocation. The Tribunal's conclusion that the applicant could access effective protection was therefore upheld.