1717710 (Refugee)

This matter concerned an application for a protection visa by a citizen of Vietnam. The applicant sought review of the decision to affirm the refusal of their protection visa application. The Tribunal considered the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth) and country information pertaining to Vietnam.

The primary legal issues before the Tribunal were whether the applicant was a refugee within the meaning of section 5H of the *Migration Act*, or whether Australia had protection obligations under section 36(2)(aa) due to a real risk of significant harm upon removal. This required an assessment of the applicant's well-founded fear of persecution, the availability of effective protection measures in Vietnam, and the potential for internal relocation.

The Tribunal found that the applicant had not established a well-founded fear of persecution. The applicant stated they left Vietnam seeking an "open environment" and were unsure what would happen if they returned, but did not claim to have experienced harm or fear harm if returned. The applicant also indicated they had not tried to relocate within Vietnam due to economic conditions and laws, and when asked why authorities could not or would not protect them, responded, "I'm not sure about that." The Tribunal considered country information indicating Vietnam's economic growth, low unemployment, and the commonality of internal relocation, despite potential bureaucratic difficulties. It was noted that while social welfare provisions exist, they are complex and may not be sufficient for subsistence. Furthermore, the Tribunal found no evidence that the applicant would face persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, nor that they would suffer significant harm upon return.

Consequently, the Tribunal was not satisfied that Australia had protection obligations towards the applicant under section 36(2)(a) or (aa) of the *Migration Act*. The decision under review was affirmed, meaning the applicant was not granted a protection visa.