1714844 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant contended that she could not subsist in Vietnam due to difficulties in finding work, which she attributed to her gender and limited education. She also raised concerns about her general security in Vietnam. The Administrative Appeals Tribunal (AAT) affirmed the Minister's decision.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for a reason specified in section 5 of the *Migration Act 1958* (Cth), such that she would be owed protection. This involved assessing her subjective fear and the objective country information regarding her circumstances in Vietnam, particularly her capacity to subsist and her general security.

The Tribunal considered country information indicating that while finding employment could be challenging, particularly for women with limited education, it was not impossible. It noted that the applicant's mother and sisters resided in the local area and were engaged in small trading, suggesting a degree of economic activity was possible. The Tribunal also considered the applicant's immigration history, including a previous overstay and cancellation of a student visa, and the birth of her child after the application for review was made. Ultimately, the Tribunal found that the applicant had not demonstrated a well-founded fear of persecution and affirmed the Minister's decision.