2007645 (Refugee)

The Administrative Appeals Tribunal (Cody J) considered the case of a Thai national seeking a protection visa. The applicant claimed to fear persecution in Thailand due to his political opinions, specifically his alleged involvement with the United Front for Democracy Against Dictatorship and participation in political demonstrations. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, either as a refugee or on complementary protection grounds.

The central legal issues were whether the applicant had a well-founded fear of persecution for reasons of political opinion, and if so, whether Thailand could provide effective protection. The Tribunal also considered the applicant's burden of proof in establishing his claims, noting that it was not required to make the applicant's case for him. The Tribunal applied the definitions of "refugee" and "well-founded fear of persecution" under the *Migration Act 1958* (Cth), including the requirements that the fear must be real and relate to all areas of the receiving country, and that the persecution must involve serious harm and systematic, discriminatory conduct.

The Tribunal found that the applicant had not satisfied the onus of proof to establish a well-founded fear of persecution for a Convention reason. While acknowledging the political instability in Thailand, the Tribunal was not satisfied that the applicant faced a real chance of persecution that would engage Australia's protection obligations. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.