2000189 (Refugee)

The applicant sought a protection visa, claiming a fear of harm from a drug gang if returned to Thailand. The applicant, who arrived in Australia in November 2017, applied for the protection visa onshore in March 2019 while still a minor. The applicant's claims included being forced to join a drug gang, receiving a tattoo for identification, and facing threats of death and harm to his mother if he did not cooperate. His mother and aunt provided statements corroborating the threats and the applicant's mother's fear for her safety due to the gang's targeting.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under Australian law. This involved determining if the applicant had a well-founded fear of persecution as defined by the Migration Act 1958, or if there were substantial grounds to believe that, as a necessary and foreseeable consequence of removal, the applicant would suffer significant harm in Thailand. The Tribunal was required to consider the applicant's claims in light of relevant country information and the provisions of the Act concerning refugee status and complementary protection.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant did not satisfy the criterion under section 36(2)(a) of the Migration Act, which requires a well-founded fear of persecution. Furthermore, the Tribunal concluded that the applicant did not satisfy the complementary protection criterion under section 36(2)(aa), as there were no substantial grounds for believing that he would suffer significant harm upon removal to Thailand. The Tribunal's reasoning implicitly considered the applicant's short and low-level involvement with the gang, the lack of evidence of current interest from the gang, and the availability of protection measures, leading to the conclusion that the risk of harm was not sufficiently real or significant to warrant the grant of a protection visa.