2007133 (Refugee)

The applicant, a citizen of Thailand, sought a protection visa. The dispute concerned whether the applicant met the criteria for the grant of such a visa, specifically whether they faced a real chance of suffering significant harm if returned to Thailand. The matter was before the Refugee Tribunal, presided over by Member Matthew Tubridy.

The Tribunal was required to determine if the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, if Australia had protection obligations under the complementary protection criterion in section 36(2)(aa). This involved assessing whether the applicant had a well-founded fear of persecution or a real risk of significant harm as a necessary and foreseeable consequence of removal to Thailand.

The Tribunal considered country information regarding political instability in Thailand, including coups and restrictions on freedom of expression. However, it found that the applicant had not provided sufficient documentary evidence to establish that she had personally experienced harm from the military government or that she faced a real chance of serious harm. Credibility concerns were also noted. The Tribunal applied the principles outlined in sections 36(2)(a) and 36(2)(aa) of the Migration Act, along with relevant guidelines and country information, to assess the applicant's claims.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act.