1932042 (Refugee)

The applicant, a Thai national, sought review of a decision not to grant him a protection visa. The applicant claimed he could not return to Thailand due to its military dictatorship, the lack of freedom of speech, and the potential for civil war, which he believed would lead to people being unhappy with the government and unable to live safely. The applicant arrived in Australia in 2008, returned to Thailand on multiple occasions, and last arrived in Australia in May 2013, applying for protection in November 2018.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This required the Tribunal to determine if the applicant was a refugee, meaning he had a well-founded fear of persecution for reasons of political opinion, or if he met the complementary protection criterion under section 36(2)(aa), which involves a real risk of significant harm as a necessary and foreseeable consequence of removal to Thailand.

The Tribunal found that the applicant's claims lacked the necessary detail to establish a well-founded fear of persecution or a real risk of significant harm. The applicant provided no evidence of political activity, nor did he demonstrate that he had ever been of interest to the Thai authorities. Furthermore, the Tribunal noted the significant delay in applying for protection, over five years after his last arrival in Australia, without sufficient explanation. Citing *MIEA v Guo* (1997) 191 CLR 559, the Tribunal emphasised that a mere claim of fear is insufficient; the applicant must satisfy the decision-maker that all statutory elements are met. The applicant also failed to respond to requests for further information or attend a scheduled hearing.

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