2008268 (Refugee)

This matter concerned an application for a protection visa by a Thai national. The applicant claimed he left Thailand due to economic hardship, poverty, and a dysfunctional government, leading him to incur debts with loan sharks. He feared physical assault, injury, or death from creditors upon return, stating that many in Thailand faced similar fates. He also expressed distrust in the Thai judiciary and law enforcement. The applicant did not claim to have suffered past harm but indicated he had moved within Thailand to seek safety, though he provided no details.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he would face a real risk of significant harm if returned to Thailand, thereby engaging Australia's complementary protection obligations under section 36(2)(aa) of the Migration Act 1958 (Cth). This required the Tribunal to consider the applicant's claims in light of relevant country information and the legal definitions of "significant harm" and the circumstances under which a person is not taken to face such a risk.

The Tribunal considered the applicant's claims of debt, fear of creditors, and the general economic and governance issues in Thailand, as well as the DFAT Country Information Report Thailand dated 10 July 2020. The applicant's assertion that he had not experienced past harm was noted. The Tribunal also had to address the applicant's failure to attend an initial hearing, which he attributed to a lack of knowledge about the scheduled video conference due to an unauthorised email setup. The Tribunal affirmed the delegate's decision to refuse the visa application.