2010059 (Refugee)

This matter concerned an application for review of a decision by the delegate of the Minister to refuse to grant the applicant a protection visa. The applicant, a national of Thailand, claimed to fear harm from her former boss, alleging sexual harassment and assault, beatings by his associates, terrorisation of her home, and death threats. She asserted that she could not escape his influence and that Thai authorities would not provide protection.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing complementary protection due to a real risk of significant harm upon removal to Thailand. The Tribunal was required to assess the applicant's claims against the relevant legislative definitions of "refugee" and "significant harm," considering the available evidence and the applicant's decision to decline a hearing.

The Tribunal noted that the applicant's claims, as presented in her application form, were vague and lacked specific detail regarding her background, the alleged incidents of harm, the extent of her boss's influence, and the reasons for the Thai authorities' alleged inaction. Crucially, the applicant declined the opportunity for a hearing, which would have allowed her to elaborate on these matters and address the deficiencies in the evidence. Without this further information, the Tribunal was unable to be satisfied that the applicant genuinely feared harm or that she would face a real risk of significant harm if returned to Thailand, and therefore could not be satisfied that she met the criteria for a protection visa.

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