1701405 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse protection visas to the applicants, citizens of Vietnam. The first applicant arrived in Australia in February 2014 and remained unlawfully until August 2015, when she applied for a protection visa, including her Australian-born daughter as a secondary applicant. The applicant claimed she left Vietnam due to financial hardship and threats from debt collectors and gangsters, fearing harm to herself and her child if returned. The Tribunal affirmed the delegate's decision.

The primary legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This involved determining if the first applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5H and 5J of the Act, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, she would suffer significant harm under the complementary protection provisions.

The Tribunal considered the applicant's evidence regarding her fear of debt collectors and gangsters in Vietnam, her financial difficulties, and her inability to relocate within Vietnam. However, the Tribunal was not satisfied that the applicant had established a well-founded fear of persecution or a real risk of significant harm. The decision noted that the secondary applicant had returned to Vietnam and was living with her grandparents. Ultimately, the Tribunal concluded that the applicants did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision of the delegate not to grant the applicants protection visas.