1926329 (Refugee)

The applicant, a citizen of Thailand, sought review of a decision by the Minister for Immigration and Border Protection to refuse to grant a protection visa. The applicant claimed to fear returning to Thailand due to the country's political and economic situation, and alleged that they would suffer harm upon return. The delegate of the Minister had refused the application, finding that the applicant had not established a well-founded fear of persecution.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a reason specified in section 5 of the *Migration Act 1958* (Cth). This required the court to assess whether the applicant had a genuine subjective fear and whether there were objective grounds to support that fear, considering the real chance of harm occurring. The court also had to determine if the applicant was of such little or no interest to the Thai authorities that they would not be subject to persecution.

In reaching its decision, the court considered the evidence presented by the applicant regarding the political and economic conditions in Thailand. However, the court found that the applicant had failed to provide sufficient evidence to demonstrate that they would personally suffer harm upon return. The court noted that the applicant had not suffered any harm in the past and that there was no indication that they were of any particular interest to the Thai authorities. Consequently, the court concluded that the applicant had not established a well-founded fear of persecution.

The court affirmed the decision under review, meaning the Minister's refusal to grant the protection visa was upheld.