1921620 (Refugee)

This matter concerned an application for review of a decision to refuse a Protection visa. The applicant, a citizen of Thailand, sought protection in Australia, citing concerns about her Australian citizen daughter being disadvantaged if she were to return to Thailand. The applicant had not claimed to have experienced harm in Thailand and stated in her application that she did not believe she would be harmed or mistreated upon return. The applicant's representative requested that the review be determined on the papers, and no further evidence was provided by the applicant.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution in Thailand for one of the five prescribed reasons under section 5J of the Act. If not, the Tribunal also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant's removal to Thailand, there was a real risk of her suffering significant harm, pursuant to section 36(2)(aa) of the Act.

The Tribunal noted that the onus is on the applicant to provide sufficient detail to establish the relevant facts for their case, and a decision-maker is not required to make the applicant's case for them or to uncritically accept all allegations. In this instance, the applicant had not provided any information or evidence to support a claim of a well-founded fear of persecution or a real risk of significant harm. Her stated concern related to her daughter's potential disadvantage, which did not meet the threshold for protection. The Tribunal also considered independent country information regarding Thailand.

Consequently, the Tribunal affirmed the delegate's decision, concluding that the applicant had not satisfied the statutory requirements for the grant of a Protection visa.