1732948 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to be a victim of loans sharks and argued that they would face persecution if returned to Vietnam, both on the grounds of belonging to a particular social group and under the complementary protection provisions.

The Administrative Appeals Tribunal was required to determine whether the applicant had established that they belonged to a particular social group, specifically victims of loans sharks, and whether they would be subjected to significant harm if returned to Vietnam. The Tribunal also had to consider whether the applicant met the criteria for complementary protection, taking into account the economic conditions in Vietnam and the nature of the applicant's business debts.

The Tribunal found that the applicant had not established membership in a particular social group as defined by the *Migration Act 1958* (Cth). However, it was satisfied that the applicant had established a real chance of suffering significant harm due to the threats and physical assault they had experienced from loans sharks, and that the Vietnamese authorities would be unable or unwilling to offer protection. The Tribunal considered the applicant's business debts and the general economic conditions in Vietnam in its assessment of complementary protection.

The Tribunal set aside the original decision and remitted the matter to the Minister for redetermination according to law.