1931118 (Refugee)

This matter concerned an application for review of a decision to refuse to grant the applicant, a Thai national, a protection visa. The applicant arrived in Australia in June 2015, returned to Thailand, and then re-entered Australia in May 2016, applying for the protection visa on 22 November 2018. The applicant claimed to fear persecution due to his opposition to the military government in Thailand, stating that he would be arrested and detained if returned.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of political opinion. The Tribunal was also required to consider the complementary protection criterion under section 36(2)(aa) if the refugee criterion was not met.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant's claims lacked sufficient detail and that he had not provided adequate explanation for the relevance of the additional material submitted, which included media reports on protests and bombings in Bangkok. The Tribunal noted that a mere claim of fear is insufficient; the applicant must satisfy the decision-maker that all statutory elements are met, referencing the principle from *MIEA v Guo* that the genuineness and well-foundedness of the fear, and its connection to political opinion, must be established by the applicant. The applicant also failed to attend a departmental interview, which could have provided further detail regarding his claims.