1729155 (Refugee)

This matter concerned an application for a Protection visa by a man from Vietnam. The applicant claimed to fear returning to Vietnam due to his Catholic faith, his activism against the seizure of his family's land, and his father's debts. He also raised concerns about a data breach of his personal information by the Department and his presence during a visit by Vietnamese officials to an immigration detention centre. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, including whether he would suffer serious harm if returned to Vietnam.

The Tribunal considered the applicant's claims regarding land rights activism, religious persecution, and the potential consequences of his illegal departure from Vietnam and subsequent application for protection in Australia. It also assessed the impact of the data breach and the visit by Vietnamese officials. A key issue was whether these factors, individually or cumulatively, created a real chance of serious harm to the applicant upon return to Vietnam. The Tribunal also had to consider the applicant's failure to attend a hearing, leading to the decision being made on the available evidence.

The Tribunal found that the applicant did not have a significant political profile or a history of acting against the Vietnamese government. It was satisfied that he was unlikely to face prosecution for illegally departing Vietnam, and that his departure and application for protection did not place him at a real risk of serious harm. The Tribunal also concluded that the data breach and his presence during the visit by Vietnamese officials did not create a real chance of serious harm. Consequently, the Tribunal determined that the applicant did not satisfy the refugee criterion.

The Tribunal set aside the decision to refuse to grant the applicant a Protection (Class XA) visa and substituted it with a decision to refuse to grant the applicant a Protection (Class XD) visa.