1723912 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of a woman and her son, who are nationals of Vietnam. The primary applicant arrived in Australia on a student visa in March 2013 and applied for a protection visa in September 2016, after her visa expired and she had visited Vietnam. Her son was included in the application as a member of her family unit. The applicant claimed she feared harm from her ex-husband and his new wife if she returned to Vietnam, citing past abuse during her first marriage and harassment after her divorce.

The legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as refugees, or under section 36(2)(aa) as persons facing significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was required to assess the credibility of the applicant's claims, the consistency of her evidence, and whether she had a well-founded fear of persecution or a real risk of significant harm. The Tribunal also considered whether the son, as a member of the family unit, independently met any criteria or could be granted a visa based on his mother's application.

The Tribunal found that the applicant's claims and evidence were vague, inconsistent, and conflicting, particularly regarding the extent and timing of the alleged abuse. It noted that the applicant had remained in Australia after her student visa expired without a clear explanation and that her son had no independent claims. The Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Vietnam, and that there was no indication of harm to the son. The Tribunal also considered the possibility of relocation within Vietnam and the availability of state protection.

Consequently, the Tribunal affirmed the delegate's decision not to grant the protection visas to either the applicant or her son, finding that they did not satisfy the criteria under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth).