1812952 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the application of a woman from Vietnam for a protection visa. The applicant's original claims for protection were based on socio-economic and security grounds, stemming from her aquaculture business being negatively impacted by a chemical spill, leading to significant debts and threats from loan sharks. A later claim was introduced on the ground of religion, specifically concerning her adherence to Unified Buddhism, which is not recognised by the Vietnamese government, and the alleged harassment and oppression she faced as a result. The applicant's case was heard jointly with her husband's review application, which concerned the same grounds.

The Tribunal was required to determine whether the applicant had established that she would be a refugee within the meaning of the *Migration Act 1958* (Cth) if she were returned to Vietnam. This involved assessing the credibility and substance of her claims, including the late introduction of the religious ground, and considering whether she had demonstrated a well-founded fear of persecution based on her imputed political opinion or membership of a particular social group, or for reasons of religion. The Tribunal also had to consider the availability of state protection and the possibility of internal relocation within Vietnam.

In its reasoning, the Tribunal noted that no adverse inference would be drawn from the late introduction of the religious claim. However, it found the claims to be vague and the evidence provided to be generalised. While acknowledging that the applicant was in Australia at the time of a police disruption of a religious gathering and the arrest of leaders, the Tribunal considered the available country information regarding the Vietnamese government's stance on Unified Buddhism and the general level of state protection and relocation options. Ultimately, the Tribunal affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution.