2008443 (Refugee)

The applicant, a national of Thailand, sought a protection visa, claiming a fear of persecution and significant harm upon return due to her alleged anti-junta activities. The dispute before the Tribunal concerned whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth).

The Tribunal was required to determine two primary issues: first, whether there was a real chance that the applicant would be persecuted for one or more of the five specified reasons under s 5J(1)(a) of the Act, thereby satisfying s 36(2)(a); and second, if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to Thailand, she faced a real risk of suffering significant harm under s 36(2)(aa).

The Tribunal found the applicant's claims to be general and lacking in specific detail regarding the nature, extent, and timing of her alleged anti-junta activities. The Tribunal noted the absence of further information or evidence provided by the applicant to substantiate her claims, particularly concerning the alleged warning from authorities. Consequently, the Tribunal concluded that the applicant had not satisfied the criteria for a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.