1618993 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to be a victim of revenge attacks by criminal gangs, alleging that these gangs had corrupt connections to local authorities and demanded protection money, resorting to physical assault when their demands were not met. The applicant also contended that they could not obtain effective protection from the Vietnamese state.

The Federal Circuit and Family Court of Australia was required to determine whether the applicant met the criteria for a protection visa, specifically whether they constituted a "particular social group" as defined by the *Migration Act 1958* (Cth) and the relevant international conventions. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of membership in a particular social group, and whether the Vietnamese state could provide effective protection. The court also considered the significance of any delay in the applicant's application for protection.

In its reasoning, the court affirmed the decision under review. It found that the applicant had not established that they belonged to a particular social group for the purposes of the *Migration Act*. The court considered the evidence presented regarding the alleged attacks and the applicant's fear of persecution, but concluded that the circumstances did not meet the threshold for protection. The court also noted that any delay in applying for protection was a relevant factor in its assessment.