1704685 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision to refuse her a Subclass 866 protection visa. The applicant claimed to fear harm from her parents in Vietnam due to her relationship with a boyfriend they disapproved of, and also due to the death of her grandfather who had previously supported her financially and emotionally. The applicant had entered Australia in January 2008 and had made multiple departures and re-entries before becoming an unlawful non-citizen in August 2011, subsequently applying for the protection visa in September 2016.

The primary legal issue before the Tribunal was the credibility of the applicant and whether, based on her accepted claims, she met the criteria for a protection visa. This involved assessing whether she had a well-founded fear of persecution or a real risk of suffering significant harm if returned to Vietnam, as defined by the Migration Act 1958. The Tribunal was required to consider both the refugee criterion under s.36(2)(a) and the complementary protection criterion under s.36(2)(aa).

The Tribunal affirmed the decision to refuse the visa, concluding that the applicant's claims lacked credibility. The Tribunal noted that the applicant had voluntarily returned to Vietnam on two occasions to visit her parents and that evidence suggested financial transfers from her father's bank account. Furthermore, the significant delay in applying for a protection visa after becoming an unlawful non-citizen, coupled with the applicant's failure to appear at the hearing, contributed to the adverse credibility assessment. The Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Vietnam.