1806822 (Refugee)

The applicants, [Mr A] and [Ms B], sought a protection visa, claiming they feared persecution in Vietnam due to their family's anti-communist history and political opinions. The Tribunal was required to determine whether the applicants had a well-founded fear of persecution for reasons of membership of a particular social group (their family) or political opinion, and whether Australia had protection obligations towards them. The Tribunal also considered the complementary protection criterion, assessing the risk of significant harm upon removal to Vietnam.

The Tribunal found that the applicants' Vietnamese nationality and identity were not in dispute, and Vietnam was their receiving country. The Tribunal accepted the applicants' evidence as honest and truthful, noting their consistent and spontaneous accounts of their fears. The Tribunal considered the applicants' claims that their family's historical opposition to the Vietnamese Communist Party placed them at risk of persecution. The Tribunal also had regard to the relevant legislative provisions, including sections 5J and 36 of the *Migration Act 1958*, and the Refugee Law Guidelines and Complementary Protection Guidelines.

The Tribunal was satisfied that the applicants had established a well-founded fear of persecution for reasons of membership of a particular social group and political opinion, and that Australia had protection obligations towards them under section 36(2)(a) of the *Migration Act 1958*. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy this criterion.