2008228 (Refugee)

The applicant, a citizen of Thailand, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether he was a refugee or, alternatively, faced a real risk of significant harm upon return to Thailand. The decision was made by the Refugee Tribunal.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or whether he met the complementary protection criterion under section 36(2)(aa) by demonstrating substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Thailand, there was a real risk of suffering significant harm.

The Tribunal considered the applicant's claims of fear of harm from money lenders due to unpaid loans, and threats made to him and his parents. However, the Tribunal found the claims to be brief and lacking in detail. The applicant had also been in Australia unlawfully for a significant period. The Tribunal applied the principles of Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines. It concluded that the applicant had not provided sufficient evidence to establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal also considered whether effective state protection was available in Thailand, and implicitly found it to be so, or that the applicant had not demonstrated otherwise.

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