1801100 (Refugee)

The applicants, who are citizens of Vietnam, sought review of a decision not to grant them protection visas. Their claims were based on alleged threats from a money lender, fear of violence and killing, and the demolition of their family home without adequate compensation, coupled with difficult economic conditions in Vietnam. The Tribunal found that the applicants were Vietnamese citizens and assessed their claims against Vietnam as the country of nationality and the receiving country.

The court was required to determine whether the applicants met the criteria for a protection visa under section 36(2) of the Migration Act 1958. Specifically, this involved assessing whether they were refugees within the meaning of section 5H, or whether they faced a real risk of suffering significant harm as a necessary and foreseeable consequence of removal from Australia, as per the complementary protection criterion in section 36(2)(aa). The court also considered the definitions of "significant harm" and the circumstances under which a person would not be taken to face such a risk, as outlined in sections 36(2A) and (2B).

The Tribunal affirmed the decision not to grant the protection visas. It found that the applicants did not satisfy the criteria under section 36(2) of the Act. There was no suggestion that they met the refugee criterion or the complementary protection criterion. Consequently, the Tribunal concluded that the applicants did not satisfy any of the criteria for a protection visa.