1810620 (Refugee)

This matter concerned an application for protection visas by two applicants who were citizens of Vietnam. The applicants claimed they left Vietnam due to concerns for their lives and a bad living environment, and expressed uncertainty about what would happen to them if they returned, including a lack of belief in the Vietnamese authorities' ability to protect them. While they indicated they had not experienced harm in Vietnam, they were unsure if they would be harmed or mistreated upon return.

The court was required to determine whether the applicants met the criteria for a protection visa, specifically whether Australia had protection obligations towards them under the refugee criterion or complementary protection grounds. This involved assessing whether the applicants had a well-founded fear of persecution for reasons of political opinion, or if there was a real risk of significant harm as a necessary and foreseeable consequence of their removal from Australia to Vietnam.

The court considered the applicants' statements and evidence, noting the lack of specific claims of harm or mistreatment in Vietnam and the general nature of their fears. The court applied the provisions of the *Migration Act 1958* (Cth), including sections relating to the definition of a refugee, well-founded fear of persecution, and significant harm. It also had regard to Ministerial Direction No. 84 and relevant guidelines. Ultimately, the court was not satisfied that the applicants were persons in respect of whom Australia had protection obligations under either the refugee or complementary protection criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the relevant criteria under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth), nor the associated family unit criteria under section 36(2)(b) or (c).