1716084 (Refugee)

The applicant, a single man from Vietnam, sought a protection visa on the grounds that he feared persecution if returned to his home country due to his homosexuality. He had arrived in Australia in March 2013, returned to Vietnam in February 2016, and re-entered Australia in May 2016, applying for protection on 6 July 2016. The case was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of his membership in a particular social group, specifically as a homosexual man, and whether he faced a real risk of significant harm if returned to Vietnam. This required an assessment of the credibility and persuasiveness of the evidence provided by the applicant regarding his sexuality, his relationships, and the potential threats he faced in Vietnam.

The Tribunal considered the applicant's claims, including his assertion that he had disclosed his sexuality to his family and that they had reacted with hostility, urging him to seek psychological treatment. It also examined evidence of his past relationships and his limited engagement with the LGBTI community in Australia. The Tribunal found the applicant's evidence to be inconsistent and unpersuasive, noting a lack of verifiable evidence regarding his relationship in Australia and the absence of statements from friends who were aware of his sexuality. Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that he had not satisfied the criteria under section 36(2) of the Migration Act 1958.