2002953 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual who claimed to fear persecution in Thailand. The applicant alleged they would be harmed by a wealthy woman, her family, and associated Yellow Shirt sympathisers due to their political opinion as a "Red Shirt" supporter. The applicant did not attend a hearing to provide further details regarding their claims.

The Tribunal was required to determine whether the applicant had provided sufficient detail to satisfy the statutory elements for a protection visa, specifically whether they had a well-founded fear of persecution for a Convention reason, or a real risk of significant harm if returned to Thailand. The Tribunal also considered the applicant's responsibility to provide particulars of their claim and sufficient evidence to establish it.

The Tribunal reasoned that the mere assertion of a fear of persecution does not establish its genuineness or that it is well-founded. It is incumbent upon the applicant to satisfy the Tribunal of all statutory elements. The applicant's written information and statement lacked the necessary detail regarding the nature of the feared harm, whether it constituted significant harm, and the real chance of experiencing such harm. Crucially, the applicant failed to provide details of their claimed political involvement, specific threats, or the timing of these events, nor did they offer information to suggest these claims remained ongoing. Given the insufficient detail and the applicant's non-attendance at a hearing, the Tribunal could not be satisfied that the applicant faced a real chance of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant had not satisfied the criteria under section 36(2) of the Migration Act 1958.