1813141 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision not to grant him a protection visa. He claimed to have fled Vietnam in 2017 due to fear of persecution based on his religious beliefs and political activities, including participation in environmental protests and subsequent detention and physical assault by police. He asserted that his Buddhist faith was not socially accepted, faced government restrictions, and that he lacked freedom of expression regarding environmental issues.

The court was required to determine whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth). Specifically, it needed to assess whether the applicant had a well-founded fear of persecution for reasons of religion or political opinion, or whether he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Vietnam, pursuant to sections 36(2)(a) and 36(2)(aa) of the Act, respectively.

The Tribunal affirmed the decision not to grant the visa. It accepted the applicant's claims regarding his identity, family, education, and work history, and considered him to be of Kinh ethnicity. However, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. There was no suggestion that the applicant qualified as a refugee under section 36(2)(a) or that he faced a real risk of significant harm under section 36(2)(aa). Consequently, the applicant did not meet the requirements for the grant of a protection visa.