1712262 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse protection visas to the first and second applicants, who are nationals of Vietnam. The applicants claimed they left Vietnam due to economic reasons, government land distribution legislation, religious persecution, and mistreatment for speaking out in favour of human rights and freedom of religion. The delegate had previously refused the visas, finding the applicant's evidence vague and inconsistent, unsupported by country information, and noting their ability to depart Vietnam without hindrance and the significant delay in their application.

The Tribunal was required to determine whether the applicants met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether they would suffer significant harm if returned to Vietnam. This involved assessing the credibility of the applicants' claims in light of the available country information and policy guidelines.

The Tribunal considered the applicants' claims, including evidence provided on review such as photographs and video of a demonstration, and screenshots of social media posts. However, the Tribunal found the applicant's evidence to be vague and inconsistent, particularly regarding her alleged religious persecution and political activities. The Tribunal noted that the applicants travelled to Australia on valid passports without issue and that the country information did not substantiate the extent of religious persecution or risks associated with low-level political and social media activity as claimed. Consequently, the Tribunal was not satisfied that the applicants had a well-founded fear of persecution or would suffer significant harm if returned to Vietnam.

The Tribunal affirmed the delegate's decision not to grant the protection visas, finding that the applicants did not satisfy the criteria under section 36(2)(a) or (aa) of the Migration Act 1958.