1927573 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a national of Thailand, failed to attend a hearing before the Tribunal. The applicant's claims for protection were based on alleged threats and financial demands from moneylenders in Thailand, who she claimed had a strong network and would not be deterred by authorities. She also asserted that she could not escape their network or find help from the community.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing complementary protection obligations due to a real risk of significant harm upon removal to Thailand. This required assessing the applicant's claims against the definitions of "refugee" and "significant harm" as set out in the Act, and considering the availability of effective protection measures in Thailand.

The Tribunal found that the applicant's claims, as presented in her application form, were vague and lacked sufficient detail to establish a well-founded fear of persecution or a real risk of significant harm. Crucially, the applicant's failure to attend the hearing meant she did not have the opportunity to elaborate on her claims, provide further evidence, or be assessed for credibility. Without this essential information, the Tribunal could not be satisfied that the applicant met the criteria for a protection visa, either under the refugee definition or the complementary protection provisions. The Tribunal also noted that the applicant did not claim to be a family member of someone who met the criteria.

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