1705574 (Refugee)

This matter concerned an application for a Protection visa by a Vietnamese national. The applicant claimed to fear persecution in Vietnam due to his active involvement with the Catholic Church and alleged past mistreatment by police, as well as fears exacerbated by a data breach revealing his details. The primary issue before the Tribunal was whether the applicant had destroyed or disposed of documentary evidence of his identity, nationality, or citizenship without a reasonable explanation, which would prevent the grant of a visa under section 91WA(1) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the applicant had provided a reasonable explanation for the destruction or disposal of his passport. The applicant stated he did not think he would need his passport again. The Tribunal noted that the applicant arrived in Australia as an unlawful maritime arrival, having engaged with a people smuggling operation, and had previously maintained a fiction regarding his identity and age.

The Tribunal reasoned that the applicant, being of a certain age, well-educated, and having paid for parts of his journey, was an intelligent individual who knowingly engaged in irregular travel to Australia. It considered that the applicant's explanation for destroying his passport was not reasonable, particularly in light of common knowledge regarding people smugglers confiscating or ordering the destruction of identity documents to avoid a paper trail. Consequently, the Tribunal found that section 91WA(1) of the *Migration Act 1958* (Cth) applied to the applicant.

As a result of the finding that the applicant had disposed of his passport without a reasonable explanation, the Tribunal concluded that the grant of the visa was prevented by section 91WA(1). Therefore, the Tribunal affirmed the decision not to grant the applicant a Protection visa.