1723656 (Refugee)

This matter concerned an application for a protection visa by a citizen of Vietnam. The applicant claimed to fear persecution in Vietnam due to her opposition to the political system and company laws, her involvement with illegal money lenders, and subsequent threats and assaults. The applicant also argued that she would face significant harm if returned to Vietnam, thereby engaging Australia's complementary protection obligations. The decision was made by Amanda Mendes Da Costa.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons under section 5J(1)(a) of the Migration Act 1958 (Cth), and whether there was a real chance of suffering persecution if returned to Vietnam. Additionally, the Tribunal was required to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant faced a real risk of suffering significant harm, as defined by section 36(2)(aa) of the Act.

The Tribunal found that the applicant had not provided sufficient documentary evidence to support her claims. While acknowledging the applicant's narrative regarding her business failures, borrowing from illegal money lenders, and subsequent threats, the Tribunal was not satisfied that these circumstances gave rise to a well-founded fear of persecution or a real risk of significant harm. Applying the principles established in *MIAC v SZQRB*, the Tribunal determined that the "real risk" test for complementary protection was equivalent to the "real chance" test for a well-founded fear. Consequently, the Tribunal concluded that there were no substantial grounds to believe the applicant would suffer significant harm upon return to Vietnam, nor did she face a real chance of persecution for any of the prescribed reasons.

The Tribunal affirmed the decision under review, finding that the applicant did not meet the criteria for the grant of a protection visa, either under the refugee convention or under the complementary protection provisions.