1705180 (Refugee)

This matter concerned an application for a protection visa by a Vietnamese national. The applicant claimed he feared persecution in Vietnam due to his religious beliefs, including being a Buddhist, a follower of Master Ching Hai, and attending a Catholic Church in Australia. He also raised concerns about land disputes, family connections to a former Communist Party member, and potential harm from individuals who had stolen his property. The applicant had a history of arriving and departing Australia on temporary visas.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion, nationality, membership of a particular social group, or political opinion, as defined by the Migration Act 1958. The Tribunal was also required to consider whether the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia, under the complementary protection criterion. This involved assessing the credibility of the applicant's claims and evaluating the available country information regarding the risks he faced in Vietnam.

The Tribunal accepted that the applicant was a Buddhist, a Catholic, and a follower of Master Ching Hai, and that he had worked at a Loving Hut restaurant. However, it found that the risk of him suffering serious or significant harm upon return to Vietnam due to these religious beliefs was remote. The Tribunal also considered the applicant's claims regarding land disputes and family connections, but these did not establish a well-founded fear of persecution under the Act. The Tribunal applied the principles outlined in Ministerial Direction No. 56 and relevant policy guidelines and country information assessments.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958. The Tribunal concluded that there was no real chance of persecution or significant harm to the applicant upon his return to Vietnam.