1711646 (Refugee)

This matter concerned an application for a protection visa by a male applicant from Vietnam. The applicant claimed he disliked the Vietnamese government due to its corruption, lack of human rights, freedom of speech, and freedom of faith. He also stated he had participated in protests against the government while in Australia and that his family had been contacted by local police inquiring about his whereabouts, suggesting he would be detained upon return. The applicant did not attend the hearing before the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal also considered whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56 and relevant policy guidelines and country information. It noted that the applicant's claims lacked detail, particularly regarding his participation in protests and the specific nature of the harm he feared. The Tribunal found that the applicant did not satisfy the criterion under section 36(2) as there was no suggestion he was a family member of someone who met the criteria. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.