1722994 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of two applicants, a father and his son, who claimed to be citizens of Vietnam. The primary applicant asserted a fear of harm from a group in Vietnam targeting his family and children, and claimed Vietnamese authorities could not offer protection. The second applicant, born in Australia, also claimed Vietnamese citizenship and was assessed as part of the same family unit.

The Tribunal was required to determine whether the applicants met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth). This involved assessing whether the primary applicant had a well-founded fear of persecution for a Convention reason, or a real risk of significant harm as a necessary and foreseeable consequence of removal to Vietnam, and whether effective protection was available in Vietnam.

The Tribunal applied the principles outlined in the Migration Act and relevant guidelines, including the Refugee Law Guidelines and Complementary Protection Guidelines. It noted that the onus was on the applicant to establish their claims with sufficient evidence. The Tribunal found that the applicants had not provided sufficient evidence to substantiate their claims of a well-founded fear of persecution or a real risk of significant harm. Consequently, the Tribunal concluded that the applicants did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicants protection visas.