1710533 (Refugee)

The applicants, a mother and her three children, sought protection visas. The primary applicant, Ms. [A], a Vietnamese citizen, claimed a fear of harm from loan sharks and economic hardship, as well as corruption, upon her potential return to Vietnam. She had previously sold her land, house, and business to come to Australia on a prospective marriage visa, but her relationship had broken down. The Tribunal was required to determine whether Ms. [A] and her children met the criteria for a protection visa under the Migration Act 1958 (Cth).

The legal issues before the court included whether the applicants faced a real risk of significant harm if returned to Vietnam, and whether they could reasonably relocate within Vietnam to avoid such harm. The court also considered the definition of "member of the same family unit" under the Act and Regulations, and whether the applicants qualified under this provision. Furthermore, the Tribunal was mandated to consider relevant guidelines and country information, including those prepared by the Department of Home Affairs and the Department of Foreign Affairs and Trade.

The court found that the applicants were citizens of Vietnam and that Ms. [A] belonged to the majority Kinh ethnic group and was Buddhist. While Ms. [A] had previously lived a stable life in Vietnam with her children and had established a business, the court noted that there were circumstances where a real risk of harm might not be considered to exist, such as where relocation within the country would be reasonable, or where the risk was faced by the general population and not personally by the applicant. The court specifically addressed the family unit provisions, acknowledging that the children were considered members of the same family unit as Ms. [A] under s.36(2)(b) of the Act.

Ultimately, the Tribunal affirmed the decision not to grant the applicants protection visas. The court concluded that there was no suggestion that any of the applicants satisfied the criteria under s.36(2) of the Act, either on their own or as members of the same family unit as a person who held a protection visa.