1509349 (Refugee)

This matter concerned an application for a protection visa by a woman from Vietnam. The applicant claimed she feared persecution in Vietnam due to her political opinions, specifically alleging she had posted dissident views on a blog prior to her departure in 2006 and had been involved in political activities in Australia. The decision was made by Roslyn Smidt, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, namely political opinion, and whether she met the criteria for complementary protection. These assessments required the Tribunal to consider the applicant's claims regarding her past political activities in Vietnam and her alleged involvement in political groups in Australia, as well as the potential consequences of her return to Vietnam.

The Tribunal found the applicant to be an untruthful and not credible witness, concluding that she had concocted evidence regarding her activities and the problems she faced in Vietnam, and had exaggerated her participation in political groups in Australia. The Tribunal did not accept her claims about operating a political blog and being interrogated by police, finding it highly unlikely for her age and circumstances at the time. Crucially, the Tribunal noted that despite claiming to have left Vietnam in 2006 due to fear of her blog being discovered, the applicant travelled back to Vietnam on multiple occasions between 2007 and 2011 without incident, and did not apply for protection until 2014. This pattern of behaviour was inconsistent with a genuine fear of persecution. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution for a Convention reason or that she faced a real risk of significant harm for complementary protection purposes.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that she did not satisfy the criteria under s.36(2)(a) or s.36(2)(aa) of the relevant Act.