2012379 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse a protection visa to a national of Thailand. The applicant sought review of the delegate's decision, which found that she did not meet the criteria for a protection visa, specifically that she did not have a well-founded fear of persecution for a Convention reason or face a real risk of significant harm if returned to Thailand.

The Tribunal was required to determine whether the applicant was a refugee within the meaning of the *Migration Act 1958* (Cth) and thus entitled to a protection visa, or alternatively, whether there were substantial grounds for believing that she would suffer significant harm as a necessary and foreseeable consequence of her removal to Thailand. This involved assessing whether she had a well-founded fear of persecution based on political opinion, or if she would face arbitrary deprivation of life, torture, or cruel, inhuman, or degrading treatment or punishment.

The Tribunal considered the applicant's claims in light of the evidence and relevant country information. It noted that the applicant had made multiple return visits to Thailand between 2015 and 2019 and had delayed in lodging her protection visa application. The Tribunal found that the applicant had not provided sufficient evidence to establish a well-founded fear of persecution for political opinion, nor had she demonstrated a real risk of significant harm upon return to Thailand. The Tribunal affirmed the delegate's decision not to grant the protection visa.