2111955 (Refugee)

This matter concerned an application for a protection visa by a Thai national who arrived in Australia in August 2018. The applicant claimed to have been subjected to harassment and threats of sexual assault and forced prostitution by a man and his gang in Thailand, alleging that the police were unable to protect her due to the perpetrator's powerful family. She fled to Australia fearing for her life and safety.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J of the *Migration Act 1958* (Cth) in Thailand, or, alternatively, 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. The Tribunal was required to consider the applicant's claims in light of the evidence provided and relevant guidelines and country information.

The Tribunal affirmed the decision not to grant the protection visa. It noted that the applicant had declined an invitation to attend a hearing to present her case and had failed to provide further written submissions or documents despite opportunities to do so. Consequently, the Tribunal was left to consider only the applicant's initial claims, which it found lacked sufficient detail regarding the timing, location, perpetrators, and consequences of the alleged events. Without the opportunity to test these claims at a hearing, and in the absence of corroborating evidence, the Tribunal concluded that there was insufficient evidence to be satisfied that the applicant faced harm for the reasons claimed or any other reason if returned to Thailand. The Tribunal also noted that the applicant did not satisfy the criteria under section 36(2)(aa) of the Act for complementary protection.