1507243 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to fear harm upon return to Vietnam due to his religious conversion to the Church of Jesus Christ of Latter-day Saints. The applicant, who had previously been a practicing Catholic, alleged harassment by authorities due to his religion, including mandatory ideological indoctrination sessions and difficulties with bureaucratic processes that he believed were exacerbated for Catholics. He also described his positive experiences with the Latter-day Saints community and his understanding of their beliefs as the reason for his conversion.

The Tribunal 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 reasons of membership of a particular social group or political opinion, and whether he qualified for complementary protection. This involved assessing the credibility of his claims regarding religious persecution in Vietnam and the extent of any harm he might face. The Tribunal was also directed to consider relevant policy guidelines and country information assessments.

In its reasoning, the Tribunal accepted that the applicant was a practicing Catholic and that he had experienced some level of harassment, such as participating in indoctrination sessions that caused him headaches. It also accepted that as a Catholic, he might face additional bureaucracy or requests for bribes in Vietnam, though it noted these issues were prevalent for all citizens. However, the Tribunal found that the applicant's claims regarding his conversion to the Church of Jesus Christ of Latter-day Saints and the specific fears of harm he articulated were not sufficiently substantiated to meet the threshold for a protection visa. The Tribunal concluded that the evidence did not establish a well-founded fear of persecution for a Convention reason or a real chance of significant harm for complementary protection purposes.

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