2000861 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a woman who claimed to fear persecution in Thailand. The applicant alleged she had been sexually harassed by a former employer, threatened with rape and assault, and that Thai authorities would not assist her due to the employer's prominent position. The applicant did not attend a hearing to provide further details or evidence regarding her claims.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958. Specifically, the issues were whether she held a well-founded fear of persecution due to membership in a particular social group (women subjected to sexual harassment, threats, or assault) and whether there was a real chance of her suffering significant harm upon return to Thailand.

The Tribunal found the applicant's claims to be vague and lacking the necessary detail and supporting evidence to establish a well-founded fear of persecution. Country information indicated that Thai law criminalises sexual harassment and that police and legal systems generally afford protection to women. While acknowledging potential variations in police professionalism and underreporting by victims, the Tribunal found no evidence that the applicant had attempted to access available support services or report her alleged treatment. The Tribunal concluded that there was no real chance the applicant would be persecuted or suffer significant harm if returned to Thailand, and therefore affirmed the decision not to grant a protection visa.