2103931 (Refugee)

This matter concerned an application for a protection visa by an individual who claimed to fear harm upon return to Thailand. The applicant, who had a history of drug addiction and related criminal convictions in Australia, alleged that he faced risks from drug dealers and potentially from the Thai authorities due to past associations and a family member's public comments. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for a Convention reason or faced a real risk of significant harm if returned to Thailand.

The Tribunal was tasked with assessing the applicant's claims in light of the statutory requirements for protection visas, including the refugee criterion under s 36(2)(a) and the complementary protection criterion under s 36(2)(aa) of the *Migration Act 1958* (Cth). This involved evaluating the evidence presented by the applicant regarding his fear of drug dealers, the potential for re-prosecution in Thailand, and the impact of his uncle's public statements. The Tribunal also considered the applicant's personal circumstances, including his history of drug addiction and his family ties in Australia.

In its reasoning, the Tribunal affirmed the principle that the onus rests on the applicant to satisfy the statutory elements of their claim, even in an inquisitorial jurisdiction. The Tribunal noted that while it could seek further evidence, it was not obligated to construct the applicant's case for him. The delegate had previously found that the applicant did not establish a personal political profile in Thailand or a real chance of serious harm based on his uncle's social media comments, and that state protection would be available against fears related to drug dealers. The Tribunal also found that the applicant would not be re-prosecuted for drug offences committed in Australia. Ultimately, the Tribunal was not satisfied that the applicant met either the refugee or complementary protection criteria.