1507058 (Refugee)

The applicant, a Vietnamese national, sought review of a decision by the Refugee Tribunal to affirm the refusal of her protection visa. The applicant claimed she feared persecution upon return to Vietnam due to her conversion to the Church of Jesus Christ of Latter-day Saints and her political activities in Australia. The delegate had previously refused her visa, finding her claims of religious conversion to be contrived and not indicative of genuine commitment to the faith.

The primary legal issues before the Tribunal were whether the applicant had a genuine fear of persecution based on her religious beliefs and whether her activities in Australia constituted political opinion that would place her at risk. The Tribunal was required to consider the applicant's evidence of religious conversion and participation in the Church of Jesus Christ of Latter-day Saints, as well as any evidence of political activities, in light of Vietnam's country information and relevant policy guidelines.

The Tribunal's reasoning focused on the applicant's claimed religious conversion. It noted that the applicant had previously attended Catholic services in Vietnam without facing any issues. The Tribunal found that the evidence of her engagement with the Church of Jesus Christ of Latter-day Saints was insufficient prior to her protection visa application in February 2014, as her application did not mention the Church, only an "Evangelist group." While some evidence, such as a congratulatory letter and baptism certificate, indicated a baptism in March 2014, and tithing receipts from later that year, the Tribunal found no evidence of participation in classes or services before her baptism. The Tribunal accepted the oral evidence of the applicant's Bishop regarding her integration into the congregation from January 2015 onwards, but this did not establish her genuine commitment to the faith prior to her visa application.

The Tribunal concluded that the decision under review should be affirmed.