1711974 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who identified as LGBTI and feared returning to Vietnam. The applicant claimed her parents would not accept her sexuality, might harm her, and that she would face homophobia, be unable to find employment, and lack legal protection in Vietnam due to her sexual orientation.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution for reasons of membership of a particular social group, or if she would suffer significant harm if returned to Vietnam under the complementary protection provisions. The Tribunal also considered the applicant's submissions, including statutory declarations, and the applicant's own evidence provided during a hearing.

In its reasoning, the Tribunal noted that the applicant's claims were largely the same as those previously made to the delegate. While the applicant provided new information regarding the end of a relationship and a recent trip to Vietnam, these did not alter the substance of her protection claims. The Tribunal also noted that individuals who provided statutory declarations did not attend the hearing, and the applicant admitted her representative advised against their attendance. The Tribunal applied the criteria for a well-founded fear of persecution and complementary protection, considering the relevant sections of the Migration Act 1958 and Ministerial Direction No. 84.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that the applicant did not satisfy any of the criteria under section 36(2) of the Act.