1935342 (Refugee)

The applicant sought a protection visa, claiming fear of persecution in Thailand due to political opinion, specifically for signing petitions and participating in rallies, which allegedly led to police interviews and threats from the military. The Tribunal was required to determine whether the applicant had provided sufficient evidence to satisfy the statutory elements for a protection visa, including establishing a well-founded fear of persecution for a Convention reason and a real risk of significant harm if returned to Thailand.

The Tribunal reasoned that the onus rests on the applicant to specify the particulars of their claim and provide sufficient evidence to establish it, rather than the Tribunal being obligated to make or assist in making the case. The applicant's provided information regarding her claims was deemed insufficient, lacking specific details about the events, the exact nature of the harm feared, and whether that harm amounted to significant harm. Furthermore, the information provided was considerably dated, and no more recent information or details were supplied, particularly in response to a section 56 notice. The applicant's failure to attend a hearing to elaborate on these matters further contributed to the lack of detail.

Consequently, the Tribunal concluded that there were insufficient details to be satisfied that the applicant faced a real chance of persecution or that there were substantial grounds for believing she would suffer significant harm as a necessary and foreseeable consequence of removal to Thailand. The Tribunal affirmed the decision not to grant the applicant a protection visa.