1721245 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision affirming the refusal of a protection visa. The applicant's claim for protection was based on a fear of judicial sanction in Vietnam for obtaining and using a fake passport. The Administrative Appeals Tribunal (AAT) had affirmed the delegate's decision to refuse the visa.

The primary legal issue before the Federal Court was whether the Tribunal erred in its assessment of the applicant's fear of persecution or serious harm. Specifically, the Court was required to determine if the Tribunal correctly applied the principles of international protection law in considering whether the apprehended judicial sanction constituted persecution or serious harm for the purposes of the *Migration Act 1958* (Cth).

The Court found that the Tribunal had not erred in its reasoning. It applied the correct legal principles by considering whether the Vietnamese authorities would likely impose a penalty that amounted to persecution or serious harm. The Tribunal's assessment that the applicant's actions, while illegal, would likely result in a penalty that did not rise to the level of persecution or serious harm, was open to it on the evidence. The Court noted that the Tribunal was entitled to conclude that the apprehended judicial sanction was a consequence of the applicant's criminal conduct, rather than a targeted action by the Vietnamese state based on Convention grounds.

The application for review was dismissed.