1621504 (Refugee)

This matter concerned an appeal by an applicant against the decision of the Tribunal to affirm the refusal of a protection visa. The applicant, a national of Vietnam, claimed to fear persecution on the grounds of his bisexuality, asserting membership in a particular social group. He also relied on complementary protection provisions. The applicant had arrived in Australia on a student visa in June 2014 and applied for the protection visa in December 2015.

The primary legal issues before the Tribunal were the credibility of the applicant's claims and whether, on the accepted claims, the criteria for the grant of a protection visa were fulfilled. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of his membership in a particular social group, specifically being perceived as homosexual or bisexual in Vietnam, and whether Australia had protection obligations towards him under the relevant provisions of the Migration Act 1958 (Cth).

The Tribunal considered the applicant's statutory declaration and personal statement detailing his experiences and fears related to his sexual orientation in Vietnam, alongside country information reports. Ultimately, the Tribunal concluded that the applicant's claims lacked credibility, leading to the affirmation of the decision not to grant the protection visa. The Tribunal found that the applicant did not satisfy the criteria under section 36(2)(a) of the Act, nor did it appear he satisfied the complementary protection criterion under section 36(2)(aa). Consequently, the Tribunal affirmed the decision under review.