1608348 (Refugee)

The applicants, a husband and wife, sought review of a decision not to grant them Protection visas. Their claims stemmed from alleged threats and violence from a former business manager in Vietnam, who they claimed had political connections and was behind attacks on their farm and business. The applicants had previously applied for Protection visas, which were refused, but were able to make a second application on complementary protection grounds due to the timing of the introduction of these provisions.

The primary legal issue before the court was whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of the applicants' removal to Vietnam, they faced a real risk of suffering significant harm. This required an assessment of their claims for complementary protection under section 36(2)(aa) of the Migration Act 1958 (Cth). The court also considered whether the applicants could access state protection in Vietnam and the genuineness of documentary evidence submitted to support their claims.

The court, through the Tribunal, reasoned that while the applicants had experienced issues with a former manager and subcontractors involving criminal conduct, these issues were unlikely to persist given the applicants' departure from Vietnam. The Tribunal found the documentary evidence, including letters and police invitation cards, to be unconvincing and likely fabricated for the purpose of the application, noting significant delays in their production and inconsistencies in their content. Furthermore, the Tribunal considered country information regarding the effectiveness of state protection in Vietnam and concluded that the applicants would have access to such protection. Consequently, the Tribunal was not satisfied that there were substantial grounds for believing a real risk of significant harm existed.

The Tribunal affirmed the decision not to grant the applicants Protection visas, finding that they did not meet the criteria for complementary protection, nor the related criteria under sections 36(2)(b) or (c) of the Act.