1925007 (Refugee)

The applicant sought a protection visa, claiming to be a supporter of former Thai Prime Ministers Thaksin Shinawatra and Yingluck Shinawatra, and fearing persecution by the current military government upon return to Thailand. The applicant alleged that supporters of the former government were being targeted, tortured, and killed, and that they themselves had been questioned and warned by the military before leaving Thailand. The Administrative Appeals Tribunal (AAT) reviewed the decision not to grant the visa.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for reasons of political opinion, or if they faced a real risk of significant harm upon removal from Australia. The court was required to consider the applicant's claims in light of the relevant provisions of the Migration Act 1958, including the definitions of "refugee," "well-founded fear of persecution," and "significant harm," as well as Ministerial Direction No. 84 and associated guidelines.

The court found that the applicant's claims lacked credibility due to inconsistencies and a lack of corroborative evidence. While the applicant initially claimed to be a leader of the Red Shirts and feared being targeted as such, their evidence at the hearing was vague, and they could not provide specific details about how they would be individually targeted or the extent of their involvement in rallies. The court also noted that the applicant applied for the protection visa only after their student visa expired, suggesting a delay in seeking protection. Furthermore, the court considered that there was no suggestion that the applicant's family members would suffer harm, nor that the applicant would be unable to avail themselves of protection in Thailand.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.