1933088 (Refugee)

This matter concerned an application for merits review of a decision to refuse a protection visa. The applicant, a citizen of Thailand, claimed she feared persecution if returned to her country of origin due to her father's arrangement of a forced marriage to a cousin with a history of problematic behaviour and connections to influential individuals. She also asserted that she could not seek protection within Thailand due to her cousin's power and her lack of support networks, and that her family would still compel her to marry upon her return. The applicant also provided evidence that she had a child born outside of marriage in Australia, and her mother, while not wishing to force marriage, was ashamed of this circumstance.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), specifically whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if she faced a real risk of significant harm as a consequence of removal to Thailand. The Tribunal was required to consider the definition of a "refugee" under section 5H and the meaning of "well-founded fear of persecution" under section 5J, including the concept of membership in a particular social group and the availability of effective protection measures within Thailand.

The Tribunal affirmed the delegate's decision to refuse the protection visa. It found that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's claims regarding her father's attempts to arrange a marriage and her cousin's influence, the Tribunal did not find that these circumstances constituted a well-founded fear of persecution for a Convention reason. Furthermore, the Tribunal considered the possibility of internal relocation within Thailand and the availability of state protection, concluding that these factors meant the applicant did not face a real risk of persecution or significant harm. The applicant's status as a mother to a child born outside of marriage in Australia was also considered, but did not alter the assessment of her protection claims concerning Thailand.