1806391 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa applications of Applicant 1 and Applicant 2, who are citizens of Vietnam. The applicants claimed they would face harm if returned to Vietnam due to their political opinions, specifically their membership and activities with the Viet Tan party, and their Catholic religious beliefs. The AAT was tasked with determining whether the applicants met the criteria for a protection visa, including whether they held political opinions that would place them at risk of persecution in Vietnam, and whether their religious beliefs would similarly expose them to harm.

The Tribunal was required to assess the evidence presented by the applicants, which included extensive documentation of their involvement in Viet Tan activities, such as protests, fundraising, and social media posts critical of the Vietnamese government. The applicants also provided evidence of their Catholic faith and the religious activities of a relative in Vietnam who had participated in protests. The AAT had to consider whether this evidence established substantial grounds for believing that the applicants would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia, in accordance with section 36(2)(aa) of the Migration Act 1958 (Cth). This involved evaluating the credibility of the evidence and the likelihood of the Vietnamese government taking adverse action against the applicants based on their political affiliations and religious practices.

The Tribunal's reasoning focused on the nature and extent of the applicants' engagement with Viet Tan and their religious activities, and how these might be perceived by the Vietnamese government. It considered Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information from the Department of Foreign Affairs and Trade. The Tribunal noted that the delegate had refused the initial applications without providing an opportunity for an interview or further submissions. Ultimately, the Tribunal found that the evidence presented, particularly the extensive documentation of their involvement with Viet Tan and their religious activities, warranted further consideration. The Tribunal remitted the decisions to the delegate for reconsideration, indicating that the applicants' claims required a more thorough assessment.