1924838 (Refugee)

The Administrative Appeals Tribunal considered the case of a Thai national seeking a protection visa. The applicant had arrived in Australia in April 2016 and lodged his protection claim in May 2018. The core of the dispute concerned whether the applicant met the criteria for a protection visa, specifically under the refugee or complementary protection grounds.

The Tribunal was required to determine if the applicant qualified for a protection visa under section 36(2)(a) of the Migration Act 1958, which relates to having a well-founded fear of persecution, or under section 36(2)(aa), which concerns the risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country. The Tribunal also considered whether the applicant was a member of the same family unit as a person who met these criteria, as per sections 36(2)(b) and (c).

In its reasoning, the Tribunal noted that the applicant had claimed to be active in the "Red Shirts" political party in Thailand and had received threats from the "Yellow Shirts" and the military junta. However, the Tribunal found that the applicant had not demonstrated a fear of persecution or significant harm upon return to Thailand. The applicant's own statements indicated he had not experienced harm in Thailand and did not believe relocating within Thailand would be effective. Crucially, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, nor was he a member of the same family unit as someone who did.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.