2001248 (Refugee)

The applicant sought a protection visa, claiming a fear of persecution in Thailand due to a potential forced marriage. The Administrative Appeals Tribunal (AAT) reviewed the decision to refuse the visa.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J of the *Migration Act 1958* (Cth) in Thailand, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Thailand, the applicant faced a real risk of suffering significant harm.

The Tribunal considered all evidence, including oral testimony, submissions, departmental records, and country information. It applied the principles of credibility assessment, acknowledging the difficulties faced by applicants, but affirmed that the onus remained on the applicant to establish the statutory elements of their claim. The Tribunal found that the applicant had not satisfied the criteria for a well-founded fear of persecution or the complementary protection criterion, leading to the affirmation of the original decision.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.