2206992 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual seeking to avoid return to Thailand. The applicant claimed to fear persecution due to their political opinions and alleged past experiences of assault and death threats, as well as a fear of being kidnapped and killed upon return. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, either as a refugee or on complementary protection grounds.

The central legal issues before the Tribunal were whether the applicant had established a well-founded fear of persecution for reasons of political opinion, or alternatively, whether there were substantial grounds for believing that the applicant faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Thailand. The Tribunal was tasked with assessing the applicant's claims against the statutory requirements for protection visas, including the need for the applicant to provide sufficient evidence to establish their case.

The Tribunal reasoned that the mere assertion of fear or risk is insufficient to establish a claim for protection. It is incumbent upon the applicant to provide particulars and evidence to satisfy the statutory elements. In this instance, the Tribunal found the applicant's claims regarding anti-government sentiment, physical assault, and death threats to be bald and unsupported, lacking the necessary detail to be tested or substantiated. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or that there was a real risk of significant harm upon return to Thailand.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.