1621458 (Refugee)

The applicant, a homosexual man from Vietnam, sought a protection visa in Australia. He claimed he feared persecution upon return to Vietnam due to his sexual orientation, including societal non-acceptance, potential harm from family and the public, and mistreatment during compulsory military service. He also relied on complementary protection. The case was before the Tribunal for reconsideration of his claims.

The primary legal issues before the Tribunal were the applicant's credibility and whether his accepted claims met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, the criteria for complementary protection under section 36(2)(aa). This involved assessing whether he held a well-founded fear of persecution for reasons of membership of a particular social group (homosexual men) and whether he would face significant harm as a necessary and foreseeable consequence of removal to Vietnam.

The Tribunal considered the applicant's statutory declaration detailing his fear of returning to Vietnam, including his long-term concealment of his homosexuality, his current de facto relationship with an Australian citizen, and his objection to compulsory military service. It also took into account country information regarding the legal and societal position of homosexual individuals in Vietnam. The Tribunal concluded that the matter should be remitted for reconsideration, indicating that the applicant satisfied the criteria for protection under section 36(2)(a).