2308891 (Refugee)

The applicant, a national of Thailand, sought review of a delegate's decision to refuse her application for a Protection visa. The applicant claimed she feared future gender-based violence from a former boyfriend in Thailand, citing past domestic violence, including physical and sexual abuse. She also asserted that Thai police would not intervene in such matters and that her former boyfriend had threatened to kill her if she returned.

The legal issues before the court were whether the applicant met the criteria for a Protection visa, specifically whether Australia owed her protection obligations. This required the court to assess the credibility of her claims regarding past and future persecution, the availability of effective state protection in Thailand, and whether her circumstances warranted complementary protection. The court also considered the applicant's criminal history in Australia, including drug offences and bail breaches, and its relevance to her protection claims.

The court affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. While acknowledging the past domestic violence, the court noted the significant delay of fifteen years since the relationship ended and the applicant's ability to live and work in Thailand without further incident. The court also considered that the applicant had family support in Thailand and that her claims of future harm were not sufficiently substantiated to engage Australia's protection obligations. The applicant's criminal conduct in Australia was also a factor in the overall assessment.