1813025 (Refugee)

The applicant, a citizen of Vietnam, sought a protection visa, claiming a well-founded fear of persecution and entitlement to complementary protection upon return to Vietnam. The dispute centred on whether the applicant had provided sufficient detail and evidence to satisfy the statutory requirements for these claims. The matter was before the Tribunal for review of a previous decision.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons specified in section 5J of the *Migration Act 1958* (Cth) and, alternatively, if he was entitled to complementary protection under section 36(2)(aa) of the Act due to a real risk of significant harm upon removal from Australia.

The Tribunal affirmed the decision not to grant the visa. It reasoned that the mere assertion of a fear of persecution or significant harm does not discharge the applicant's onus to establish the statutory elements of their claim. The Tribunal emphasised that it is the applicant's responsibility to provide sufficient particulars and evidence, and the decision-maker is not obliged to construct the case for the applicant. The Tribunal found that the applicant had not provided sufficient detail or evidence to substantiate his claims of a well-founded fear of persecution or a real risk of significant harm. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.