1601346 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to an applicant who claimed to be homosexual and feared persecution upon return to Vietnam. The applicant asserted that he faced discrimination and potential harm from his father and the community due to his sexuality, and that authorities would not provide assistance as they considered such matters to be family issues. The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56, relevant policy guidelines, and country information.

The primary legal issues before the Tribunal were whether the applicant possessed a well-founded fear of persecution for one of the five prescribed reasons under s. 5J(1) of the *Migration Act 1958* (Cth), and if not, whether there were substantial grounds to believe that his removal to Vietnam would result in a real risk of significant harm, as defined by s. 36(2)(aa). The Tribunal also considered the applicant's claim of being a member of a particular social group, specifically gay men in Vietnam, and whether effective protection measures were available to him in Vietnam.

The Tribunal found that while the applicant was a national of Vietnam and HCMC was his home area, he was a highly educated individual with work experience who could live independently and did not require family support. Although the Tribunal accepted that his family would not support him due to his sexuality, it concluded that this did not establish a well-founded fear of persecution. The Tribunal affirmed the decision not to grant the protection visa, finding that the applicant did not satisfy the criteria under s. 36(2) of the Act.